Catchwords
Constitutional law – Trial by jury - State law permitting reduction during trial of number of jurors - State law permitting separation of jurors after jurors retire to consider verdict - Whether trial "by jury" within meaning of s 80 of Constitution.
Constitutional law – Trial by jury - Waiver of requirements by accused - Whether waiver possible - Whether waiver in fact - Whether leave required to reconsider past authority on constitutional question.
Words and phrases – "trial ... by jury".
Constitution – s 80.
Judiciary Act 1903 (Cth) – s 68.
Jury Act 1977 (NSW) – ss 22(a)(i), 54(b).