R (Cth) v Cooper [2019] NSWSC 1122

Supreme Court New South Wales

Medium Neutral Citation: R (Cth) v Cooper [2019] NSWSC 1122 Hearing dates: 28 August 2019 Date of orders: 29 August 2019 Decision date: 29 August 2019 Jurisdiction: Common Law Before: Wilson J Decision: Application refused Catchwords: CRIMINAL LAW – trial before a jury of 12 – application to discharge an individual juror – conduct of individual juror – question of wordless interaction between a juror and the accused – question of apprehension of bias Legislation Cited: Jury Act 1977 (NSW) Cases Cited: Johnson v Johnson (2000) 201 CLR 488; [2000] HCA 48 R v Masters (1992) 26 NSWLR 450; (1992) 59 A Crim R 445 R v Qaumi & Ors (No 36) [2016] NSWSC 718 R v Qaumi & Ors (No 41) [2016] NSWSC 857 R v Qaumi & Ors (No 56) [2016] NSWSC 1130 Re JRL; Ex Parte CJL (1986) 161 CLR 342; [1986] HCA 39 Webb v The Queen (1994) 181 CLR 41; [1994] HCA 30 Category: Principal judgment Parties: Regina (Crown) Jonathan Paul Cooper (Accused) Representation: Counsel: H Barklay QC/S Howell (Crown) D Randle (Accused)

Solicitors: Solicitor for Public Prosecutions (Cth) (Crown) Anderson Boemi Lawyers (Accused) File Number(s): 2016/387430 Publication restriction: Judgment previously restricted pending finalisation of all co-accused trials and related appeals.

Judgment 1. HER HONOUR: On the sixteenth day and in the fourth week of the trial in this matter, the Court was asked to determine an application made by the Crown for the discharge of an individual juror, pursuant to s 53B(b) of the Jury Act 1977 (NSW). The application was made on the basis that evidence before the Court was capable of supporting a reasonable apprehension that the particular juror was biased. 2. The juror was sufficiently identified during the course of submissions, and will not be further identified here.