R v WE (No.8) [2019] NSWSC 1030

Supreme Court New South Wales

Medium Neutral Citation: R v WE (No.8) [2019] NSWSC 1030 Hearing dates: 13 August 2019 Date of orders: 13 August 2019 Decision date: 13 August 2019 Jurisdiction: Common Law Before: Bellew J Decision: 1. Juror 2334050 is discharged. 2. The remaining members of the jury are discharged. Catchwords: CRIMINAL LAW – Juries – Medical evidence that juror was under severe stress which had been brought about by deliberations – Juror discharged

CRIMINAL LAW – Juries – Verbal altercation between jurors during deliberations – Risk of miscarriage of justice – Remaining members of jury discharged Legislation Cited: Jury Act 1977 (NSW) Cases Cited: Elomar v R [2014] NSWCCA 303; (2014) 316 ALR 206 Phan v R [2018] NSWCCA 225 R v Moore [2014] NSWSC 1955 R v Mulvihill [2016] NSWCCA 259 R v Qaumi and ors (No 36)[2016] NSWSC 718 R v WE (No 6) [2019] NSWSC 930 Wu v R [1999] HCA 52; (1999) 199 CLR 99 Category: Procedural and other rulings Parties: Regina – Crown WE – Accused Representation: Counsel: P McGuire SC and B Anniwell – Crown J Trevallion and N Bennett – Accused

Solicitors: Director of Public Prosecutions (Cth) – Crown Alexanders Lawyers – Accused File Number(s): 2016/305103 Publication restriction: Nil

Judgment 1. On 13 August 2019 I made orders in these proceedings: 1. discharging juror 2334050; and 2. discharging the remaining members of the jury. 1. This judgment sets out my reasons for making those orders.