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This is a Bill, not an Act. For current law, see the Acts databases.
Criminal Appeal Amendment (Jury
Verdicts) Bill 2004
No , 2004
A Bill for
An Act to amend the Criminal Appeal Act 1912 with respect to appeals against jury
verdicts.
Clause 1 Criminal Appeal Amendment (Jury Verdicts) Bill 2004
The Legislature of New South Wales enacts: 1
2
1 Name of Act
This Act is the Criminal Appeal Amendment (Jury Verdicts) Act 2004. 3
4
2 Commencement
This Act commences on the date of assent. 5
6
3 Amendment of Criminal Appeal Act 1912 No 16
The Criminal Appeal Act 1912 is amended as set out in Schedule 1. 7
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Criminal Appeal Amendment (Jury Verdicts) Bill 2004
Amendments Schedule 1
Schedule 1 Amendments 1
2
(Section 3)
3
[1] Section 6AAA
Insert after section 6: 4
5
6AAA Appeals concerning miscarriage of justice
(1) Despite section 6, the court must not allow an appeal against the 6
verdict of a jury on the ground that there was a miscarriage of 7
justice due to prejudicial material published or broadcast relating 8
to the case, unless it is satisfied that the material actually 9
influenced an opinion or conclusion formed by the jury or a 10
member of the jury causing a miscarriage of justice. 11
(2) For the purpose of making a decision under subsection (1), the 12
court may examine a juror on oath to determine: 13
(a) whether the juror read, saw or heard alleged prejudicial 14
material published or broadcast relating to the case, and 15
(b) whether the juror was influenced by the material. 16
(3) Subsection (2) applies despite any provision of the Jury Act 1977. 17
18
[2] Schedule 1 Savings and transitional provisions
Insert at the end of the Schedule with appropriate numbering: 19
20
Criminal Appeal Amendment (Jury Verdicts) Act 2004
Section 6AAA, as inserted by the Criminal Appeal Amendment 21
(Jury Verdicts) Act 2004, does not apply in respect of an appeal 22
the hearing of which commenced before the commencement of 23
that section. 24
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