Juries Amendment Act 2008

1: Title
This Act is the Juries Amendment Act 2008.
2: Commencement
1: This Act (except sections 4 11 12 19
2: Sections 4 11 12 19 Section 2(2) brought into force 29 June 2009 Juries Amendment Act 2008 Commencement Order 2009 Section 2(2) brought into force 4 October 2010 Juries Amendment Act 2008 Commencement Order 2010
3: Principal Act amended
This Act amends the Juries Act 1981 2008-12-25 Juries Act 1981 — except ss 4, 11, 12, 19 OIC SR 2010/229 2010-10-04 ss 4, 11, 12 OIC — SR 2009/129 2009-06-29 Juries Act 1981 Section 19 of this Act
4: Jury districts
1AA: Section 5(1) (in this section referred to as a High Court jury district)
1: Section 5
3: Every jury district comprises every place that is within—
a: 45 km by the most practicable route from the courthouse in the Court town in which jury trials may be held; and
b:
2: Section 5(4) , or subsection (3) and subsection (3A)
3: Section 5
4: If, by virtue of subsection (3), a place would be in 2 or more jury districts (both or all of which are High Court jury districts, or both or all of which are District Court jury districts), the boundaries of each of those districts must be declared by the Governor-General, by notice in the Gazette
a: no place is included in 2 or more jury districts; and
b: no place included in a jury district for a Court town is more than 45 km by the most practicable route from the courthouse in that town.
4: Section 16A
3: No person is required to attend for jury service at the new venue if that venue is outside the jury district and is more than 45 km by the most practicable route from that person's place of residence.
5: The Juries Amendment Act 2001 OIC SR 2010/229 2010-10-04 Juries Amendment Act 2001 Section 4(1AA) inserted 7 July 2010 section 4(1) Juries Amendment Act 2008 Amendment Act 2010 Section 4(1) amended 7 July 2010 section 4(2) Juries Amendment Act 2008 Amendment Act 2010 Section 4(3) substituted 7 July 2010 section 4(3) Juries Amendment Act 2008 Amendment Act 2010
5: Transitional provision
1: For the following purposes the amendments made by section 4 commencement
a: the constitution of jury districts for use on and after the commencement:
b: the preparation of new jury lists for use on and after the commencement.
2: Nothing in section 4
a: a jury list or jury panel that was prepared and in use immediately before the commencement:
b: the composition of any jury that was constituted before the commencement and continued to serve on or after that date:
c: the composition of any jury that was constituted after the commencement from a jury list that was prepared and in use immediately before that date:
d: a summons that was issued under the principal Act before the commencement, and is intended to continue to have effect on or after that date.
6: Certain persons not to serve
1: Section 8
aa: the Governor-General: .
2: Section 8(f) Law Practitioners Act 1955 Law Practitioners Act 1982
3: Section 8
haa: employees of the Legal Services Agency continued by section 91 of the Legal Services Act 2000 (but nothing in this paragraph applies to members of—
i: the Board of that Agency; or
ii: the Review Panel established under section 62 of that Act; or
iii: the Public Advisory Committee established under Part 7 of that Act): .
7: Access to, and confidentiality of, jury lists
Section 12(2)(b) Registrar's Court registry
8: Registrar may amend jury list
Section 12A(1)
da: an applicant for deferral of jury service, under section 14B, whose application has been accepted but who has not yet been issued with a replacement summons under section 14C(1)(d); or .
9: Inspection of jury panel
1: Section 14
1: The Registrar must comply with a request to make a copy of a panel available for inspection by or on behalf of an eligible person if the request is made—
a: by or on behalf of that eligible person; and
b: at a time not earlier than 7 days before the commencement of the week for which the jurors on the panel are summoned to attend for jury service.
1A: In subsection (1), eligible person
a: a barrister or solicitor acting for a party to proceedings that are due to be heard during the week for which the jurors on the panel are summoned to attend for jury service; or
b: a person who is a party to proceedings that are due to be heard during that week and who is not represented by a barrister or solicitor; or
c: the Crown or other prosecutor in criminal proceedings that are due to be heard during that week; or
d: a member of the police.
2: Section 14(3)
10: New section 14A inserted
The following section is inserted after section 14
14A: Restrictions on use of jury panel
1: The purpose of this section is to help to prevent names or other information disclosed in a copy of the panel from being used to facilitate actions (for example, actions prejudicing a juror's safety or security) to interfere with the performance of a juror's duties.
2: A barrister or solicitor to whom a copy of the panel is made available under section 14(1) because the barrister or solicitor is acting for a party to criminal proceedings, and any person acting on behalf of that barrister or solicitor,—
a: may show the copy (the document
b: must not leave the document in the defendant's possession; and
c: must not leave the document in the possession of any witness for either party; and
d: must not leave the document in the possession of any victim (within the meaning of section 4 of the Victims' Rights Act 2002); and
e: must take all reasonable steps to ensure that the defendant, any witness, or any victim, as the case requires, does not copy the document.
3: A barrister or solicitor to whom a copy of the panel is made available under section 14(1) because the barrister or solicitor is acting for a party to civil proceedings, and any person acting on behalf of that barrister or solicitor,—
a: may show the copy or any copies of it (the document
b: must not leave the document in the party's possession; and
c: must take all reasonable steps to ensure that the party does not copy the document.
4: Every person who, in connection with proceedings that are due to be heard during the week for which the jurors on the panel are summoned to attend for jury service, receives, or makes a copy or copies of, a copy of the panel must return the copy or copies to the Registrar or a member of the Court registry staff as soon as practicable after the case is opened or the accused is given in charge.
5: However, subsection (4) does not apply to—
a: the Registrar or a member of the Court registry staff; and
b: any other person if the Court or a Judge, in the Court's or Judge's discretion and on a written application for the purpose, orders that the other person need not return the copy or copies.
6: A breach of subsection (2), (3), or (4) may be dealt with as contempt of Court.
11: New sections 14B and 14C inserted
1: The following sections are inserted before section 15
14B: Deferral of jury service
1: The Registrar may permit a person summoned to attend as a juror on an occasion to defer that person's attendance to serve as a juror to a time within a period that—
a: starts at least 8 weeks, and ends no later than 1 year, after the date on which the person is required to attend under the summons; and
b: is specified by the Registrar but lasts for at least 1 month; and
c: the person has indicated would be a more convenient period for the commencement of any jury service of that person that may result from the person having been summoned to attend as a juror.
2: However, the Registrar may exercise that power—
a: only in respect of a summons that is not a replacement summons under section 14C(1)(d); and
b: only once for each summons of that kind; and
c: only if satisfied, on a written application for the purpose made by or on behalf of that person, that, because of 1 or more matters specified in subsection (3), attendance on that occasion would cause or result in undue hardship or serious inconvenience to that person, any other person, or the general public.
3: The matters referred to in subsection (2)(c) (and in section 15(1A)(a) and (c)) are—
a: the nature of that person's occupation or business, or of any special and pressing commitment arising in the course of that person's occupation or business:
b: that person's
c: that person's state of health, or family commitments, or other personal circumstances.
14C: Further provisions relating to deferral of jury service
1: After accepting an application under section 14B, the Registrar must—
a: promptly record in some way the exercise of the power of deferral in respect of the summons in relation to which the application under section 14B was made; and
b: promptly delete the person's details from the panel that was—
i: compiled under section 13(1); and
ii: the basis of the issue of that summons; and
c: if a later panel is compiled under section 13(1) because jury trials are to be held in the court and that later panel is so compiled at a time that enables the person to be summoned for jury service at a time within the period specified for the person under section 14B(1)(b)
d: if satisfied that no jury trials are to be held in the court during the period specified for the person under section 14B(1)(b)
2: If the Registrar declines an application under section 14B, the applicant may, in accordance with the jury rules, appeal against that decision to the Court before which the applicant is summoned to appear.
3: The acceptance of an application under section 14B in respect of a summons does not prevent an application under section 15 or 16 in respect of a replacement summons under subsection (1)(d) of this section.
4: The Registrar may, if the Registrar thinks fit, treat an application under section 14B as if it were an application for excusal under section 15(1) and, if the Registrar does so, the application must be determined accordingly.
2: Section 13
3A: Subsection (3) does not apply to a person who is summoned for jury service if—
a: the Registrar has, following an application under section 14B, permitted the person to defer that person's jury service and—
i: the person is summoned under a replacement summons issued under section 14C(1)(c)
ii: the Registrar has served on the person a written notice under section 14C(1)(d)
b: the Registrar has, under section 15, excused the person from jury service; or
c: a Judge has, under section 16, excused the person from jury service; or
d: a Judge has, under section 16AA, discharged the summons of the person.
3: Section 13(4) Every Despite subsections (3) and (3A), every
4: Section 16(a) or to permit that person to defer jury service under section 14B that section
5: Section 35(1)
d: prescribing the method or methods by which either or both of the following applications can be made:
i: an application under section 14B for deferral of jury service:
ii: an application under section 15 or 16 to be excused from jury service:
da: prescribing the method or methods of service for a written notice under section 14C(1)(d) . Section 11(1) amended 7 July 2010 section 5(1) Juries Amendment Act 2008 Amendment Act 2010 Section 11(1) amended 7 July 2010 section 5(2) Juries Amendment Act 2008 Amendment Act 2010 Section 11(1) amended 10 September 2008 section 6(2) Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 Section 11(2) amended 7 July 2010 section 5(3) Juries Amendment Act 2008 Amendment Act 2010 Section 11(5) substituted 7 July 2010 section 5(4) Juries Amendment Act 2008 Amendment Act 2010
12: Registrar may excuse from jury service
1: Section 15
1: The Registrar may excuse a person summoned to attend as a juror on an occasion from attending on that occasion.
1A: However, the Registrar may exercise that power only if satisfied, on a written application for the purpose made by or on behalf of that person, that,—
a: because of 1 or more matters specified in section 14B(3), attendance on that occasion would cause or result in undue hardship or serious inconvenience to that person, any other person, or the general public; and
b: in the circumstances, a deferral of jury service under section 14B is not reasonably practicable; and
c: because of 1 or more matters specified in section 14B(3), that person would not, if required to attend as a juror on that occasion, be able to perform a juror's duties satisfactorily.
1B: The Registrar may, if the Registrar thinks fit, treat an application under this section as if it were an application for deferral under section 14B and, if the Registrar does so, the application must be determined accordingly.
2: Section 9(1) OIC SR 2010/229 2010-10-04 Juries Amendment Act 2000
3: Section 15(3) he the Registrar
4: Section 15(4) he the applicant
13: Judge may discharge summons of person with
1: The heading to section 16AA or language difficulty
2: Section 16AA(1) or difficulties in understanding or communicating in the English language
3: Section 16AA(3)(b) Registrar's Court registry Section 13 heading amended 10 September 2008 section 6(3) Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 Section 13(2) amended 10 September 2008 section 6(4) Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008
14: Foreman
1: Section 21
a: by omitting from the heading Foreman Foreperson
b: by omitting foreman foreperson
2: Section 21
2: Despite subsection (1) the Court may direct that the jury choose a foreperson at a time different from that specified in subsection (1).
15: New sections 22 to 22C substituted
1: Section 22
22: Discharge of juror or jury
1: When this subsection applies, the Court, having regard to the interests of justice, may either—
a: discharge the jury without the jury giving a verdict (whether unanimous or majority); or
b: discharge the juror or jurors concerned from the panel and jury and proceed with the remaining jurors and take their verdict (whether unanimous or majority).
2: Subsection (1) applies if, and only if, before or after the jury is constituted but before the jury's verdict is taken, the Court considers that—
a: a juror is incapable of performing, or continuing to perform, the juror's duty as a juror in the case; or
b: a juror is disqualified; or
c: a juror's spouse, civil union partner, or de facto partner, member of the juror's family, or member of the family of the juror's spouse, civil union partner, or de facto partner, is ill or has died; or
d: a juror is personally concerned in the facts of the case; or
e: a juror is closely connected with a party or witness or prospective witness.
3: The Court may also discharge the jury without it giving a verdict (whether unanimous or majority) if—
a: a casualty or emergency makes it, in the Court's opinion, highly expedient for the ends of justice to do so; or
b: the jury has remained in deliberation for at least 4 hours and the jurors do not agree on the verdict (whether unanimous or majority) to be given, and the Court thinks the period for which the jury has remained in deliberation is reasonable.
4: Nothing in this section affects any rules of Court that—
a: permit a jury for a civil case to be discharged without giving a verdict if all parties consent; or
b: apply when a Judge sitting with a jury on the trial of any civil case becomes incapable of acting.
5: In this section and sections 22A and 22B, Court
22A: Consequences of discharge under section 22
1: If a juror is discharged under section 22(1)(b),—
a: the discharge of the juror does not affect the juror's liability to serve on any other jury:
b: the Court may, if the discharge occurs before the case is opened or the accused is given in charge, require a further juror to be selected from the panel and sworn under sections 18 and 20:
c: the choice of a foreperson is not affected (even if 1 or more replacement jurors are selected and sworn under paragraph (b)) if that choice has already been made and the juror who was chosen as foreperson is not the juror discharged:
d: if the juror has, by the time he or she is discharged, been chosen as foreperson, another foreperson must be chosen under section 21 from among the other jurors (including any 1 or more replacement jurors selected and sworn under paragraph (b)).
2: Despite section 22(1)(b), the Court may proceed with fewer than 11 jurors only if—
a: all parties consent and the Court, having regard to the interests of justice, considers that the Court should proceed in accordance with that consent; or
b: the Court considers that, because of exceptional circumstances relating to the trial (for example, the length or expected length of the trial), and having regard to the interests of justice, the Court should proceed with fewer than 11 jurors; and in that case the Court may proceed with 10 jurors but no fewer, even though all parties do not consent.
3: If the Court proceeds with fewer than 12 jurors, their verdict (whether unanimous or majority) has, despite section 17, the same effect as a verdict of 12 jurors.
4: On discharging the jury under section 22(1)(a) or (3), the Court must either—
a: direct that a new jury be empanelled during the sitting of the Court; or
b: postpone the trial on any terms justice requires.
22B: Further provisions about discharge under section 22
1: The Court may discharge the jury or a juror or jurors under section 22(1) or (3)—
a: on an application for the purpose; or
b: on its own initiative.
2: A defendant is entitled to appear and be heard on an application under section 22.
3: In considering whether to discharge the jury or a juror or jurors under section 22(1) or (3), the Court may conduct a hearing, and consider any evidence (other than evidence of the jury's deliberations) it thinks fit.
22C: Procedure if Judge sitting with jury on trial of criminal case becomes incapable of acting
1: If a Judge sitting with a jury on the trial of any criminal case becomes incapable of acting before the jury has retired to consider its verdict,—
a: another Judge or the Registrar must discharge the jury; and
b: on or after the discharge of the jury, another Judge may order a new trial.
2: If the Judge sitting with a jury on the trial of a criminal case becomes incapable of acting after the jury has retired to consider its verdict and before judgment has been given, another Judge—
a: may give any further directions required by the jury; and
b: may take the verdict and give judgment on it or may discharge the jury without verdict; and
c: may generally do all things in the same way as the Judge formerly presiding at the trial might have done had that Judge not become incapable of acting.
2: This section and 16
16: Amendments and repeals consequential on new sections 22 to 22C substituted
1: The Crimes Act 1961 is consequentially amended by repealing section 374
374: Discharge of juror or jury
Nothing in this Act affects the powers of a Court or Judge or Registrar to discharge a juror or jury for a criminal case under section 22 or 22C of the Juries Act 1981. 2008-12-25 Crimes Act 1961
2: The Judicature Act 1908 is consequentially amended by repealing section 54B
54B: Discharge of juror or jury
Nothing in this Act affects the powers of a Court or Judge to discharge a juror or jury for a civil case under section 22 of the Juries Act 1981. 2008-12-25 Judicature Act 1908
3: The following enactments are consequentially repealed:
a: section 13 of the Crimes Amendment Act (No 2) 1980 (1980 No 85):
b: the Crimes Amendment Act (No 3) 1997
c: sections 47 56 Human Rights Amendment Act 2001
d: section 5 2008-12-25 Crimes Amendment Act (No 3) 1997 Human Rights Amendment Act 2001 Judicature Amendment Act 1980 Crimes Amendment Act (No 2) 1980 not included in PAL database (SH)
17: New section 24 substituted
Section 24
24: Challenges without cause
1: In every case to be tried before a jury, each of the parties is entitled to challenge without cause 4 jurors only.
2: However, if 2 or more accused persons in a criminal case are indicted together, the Crown or other prosecutor is entitled to challenge without cause 8 jurors only.
3: If a juror is discharged and is to be replaced with another under section 22A(1)(b), each party is entitled in the selection of the new juror to exercise the number of challenges without cause that the party has not already exercised. 1908 No 90 ss 121–123, 125 .
18: New heading and sections 29A and 29B inserted
The following heading and sections are inserted after section 29 Sequestration, separation, retirement, and non-communication
29A: Routine sequestration on deliberation abolished
1: If, at the end of a day of deliberation, a jury that has been directed to consider its verdict has reached no verdict,—
a: the jury is not required to be sequestered; and
b: the jurors are with the leave of the Court permitted to separate until the time when the Court requires the jury's deliberation to resume.
2: If the Court or a Judge considers that it is required in the interests of justice, the Court or Judge may order that the jury be sequestered until it reaches a verdict or until an earlier time or event specified in the Court's or Judge's order.
3: An order under subsection (2) overrides subsection (1), and may be made on—
a: a written or oral application for the purpose; or
b: the Court's or Judge's own initiative.
4: Every rule of common law that requires a jury to be sequestered, or under which jurors who separate without leave of the Court are guilty of misconduct, is abolished.
29B: Retirement and non-communication
1: If the jury retires to consider its verdict, the jurors must be kept under the charge of 1 or more members of the Court registry staff in some private place provided with sufficient heating and lighting, and allowed to have reasonable refreshment.
2: However, for the purpose of having refreshment the jurors may with the Court's consent be taken under the charge of 1 or more members of the Court registry staff to a place of public refreshment instead of remaining in a private place.
3: Subsections (1) and (2) do not apply to any period during which the jurors are permitted to separate under section 29A.
4: After retiring to consider their verdict and until returning a verdict or being discharged, the jurors must not discuss the case except in the course of their deliberations.
5: Failure to comply with the requirements of this section does not affect the validity of the proceedings.
6: However, if a failure of that kind is discovered before the verdict of the jury is returned, the Court may, if it considers that the failure makes it highly expedient for the ends of justice to do so,—
a: discharge the jury and direct a new jury to be sworn or empanelled during the sitting of the Court; or
b: postpone the trial on any terms justice requires.
7: In this section, member of the Court registry staff 1961 No 43 s 370 .
19: New heading and sections 29C and 29D inserted
1: The following heading and sections are inserted before the heading above section 30 Majority verdicts
29C: Criminal cases
1: In this section, majority verdict
2: The Court may accept a majority verdict in a criminal case if—
a: the jury, having retired to consider its verdict, has deliberated for at least 4 hours; and
b: the jurors have not reached a unanimous verdict; and
c: the foreperson of the jury has stated in open Court—
i: that there is no probability of the jury reaching a unanimous verdict; and
ii: that the jury has reached a majority verdict; and
d: the Court considers that the jury has had a period of time for deliberation that the Court thinks reasonable, having regard to the nature and complexity of the trial.
3: If the case involves 2 or more charges, or 2 or more persons charged, the Court may accept a majority verdict in relation to 1 or some of the charges or persons charged, in which case nothing in this section applies to the other charges or the other persons charged.
4: Nothing in this section—
a: prevents the Court from taking a poll of the jury; or
b: affects section 339 of the Crimes Act 1961 (which relates to criminal cases where part of the charge is proved).
5: If, in terms of section 339 of the Crimes Act 1961, the crime charged, as described in the enactment creating the crime or as charged in the count, includes the commission of any other crime, the Court may accept a majority verdict on the crime charged instead of a unanimous verdict on the included crime.
29D: Civil cases
1: In this section, majority verdict
2: The Court may accept a majority verdict in a civil case if—
a: the jury, having retired to consider its verdict, has deliberated for at least 4 hours; and
b: the jurors have not reached a unanimous verdict; and
c: the foreperson of the jury has stated in open Court—
i: that there is no probability of the jury reaching a unanimous verdict; and
ii: that the jury has reached a majority verdict; and
d: the Court considers that the jury has had a period of time for deliberation that the Court thinks reasonable, having regard to the nature and complexity of the trial.
3: Nothing in this section—
a: prevents the Court from taking a poll of the jury; or
b: affects any practice in civil cases by which a Court may, with the consent of all parties, accept a verdict that is not a unanimous verdict. 1908 No 89 s 54A .
2: The Crimes Act 1961 is consequentially amended by repealing section 370 OIC — SR 2009/129 2009-06-29 Crimes Act 1961
3: The Judicature Act 1908 is consequentially amended by repealing section 54A OIC — SR 2009/129 2009-06-29 Judicature Act 1908
4: This section applies only to any trial for which a jury is constituted on or after the date on which this section comes into force.
20: Payment of jurors
Section 30
2: The jury rules prescribing those fees and expenses may authorise the chief executive, if satisfied in a particular case that it is desirable to do so, to increase a sum otherwise payable under those rules.
21: New sections 32 to 32B substituted
Section 32
32: Failure to attend
1: The Court may, after complying with subsection (2), fine a person a sum, not exceeding $1,000, the Court thinks fit if that person is summoned to attend and serve as a juror before the Court but—
a: fails without reasonable excuse to attend for service as required by the summons; or
b: wilfully refuses or neglects to serve when called upon.
2: Before imposing a fine on a person under subsection (1), the Court must first inform that person of the default and afford that person a reasonable chance to explain it.
3: If a person who is summoned to appear and serve as a juror fails to answer when called, the Court may issue a warrant to secure the attendance of that person before the Court.
4: For the purposes of Part IV of the Summary Proceedings Act 1957 and, if the fine is imposed by the High Court, for the purposes of Part XIII of the Crimes Act 1961, the imposition of a fine under subsection (1) is to be treated as a sentence; and those Parts of those Acts apply as if the person on whom the fine has been imposed had been convicted on an information and sentenced. 1908 No 90 ss 162, 163; 1925 No 19 s 3; 1960 No 115 s 4; 1963 No 141 s 6(1)
32A: Employees absent on jury service not to be prejudiced
1: An employer commits an offence and is liable on summary conviction to a fine not exceeding $10,000 if the employer does either of the following actions because an employee of the employer is required to be absent from employment on jury service:
a: dismisses, or threatens to dismiss, the employee without the consent of the employee:
b: otherwise prejudices the position of the employee without the consent of the employee.
2: If an employer is alleged to have committed, or is convicted of, an offence against subsection (1) in respect of an action and an employee, then that employee,—
a: if that action consists of or includes dismissal, may have a personal grievance, for the purposes of section 103(1)(a) of the Employment Relations Act 2000, because of an unjustifiable dismissal, and Part 9 of that Act applies accordingly; and
b: if that action consists of an action other than dismissal or includes an action in addition to dismissal, may have a personal grievance, for the purposes of section 103(1)(b) of the Employment Relations Act 2000, because of an action described in that paragraph, and Part 9 of that Act applies accordingly.
3: In this section,— employee otherwise prejudicing the position of the employee
a: means doing some act (other than dismissing, or threatening to dismiss, the employee) that affects either or both of the following to the employee's disadvantage:
i: the employee's employment:
ii: 1 or more conditions of the employee's employment; but
b: does not include not paying the employee remuneration of any kind for the period the employee is required to be absent from employment on jury service. 2000 No 7 s 17; Juries Act 2000 (Victoria) s 76
32B: Identity and address of serving or former juror or prospective juror not generally to be disclosed
1: A person commits an offence and is liable on summary conviction to the penalty stated in subsection (2) if the person wilfully publishes any material, broadcasts any matter, or otherwise discloses any information, that identifies, or that may lead to the identification of, a juror or former juror.
2: The penalty is imprisonment for a term not exceeding 3 months, or a fine not exceeding $10,000, or both.
3: In this section,— former juror identification of a juror or former juror juror
4: Subsection (1) does not apply to any of the following:
a: the identification of a former juror with the former juror's consent:
b: the identification of a juror or former juror if the identification forms part of the exercise or performance of a power, function, or duty conferred, imposed, or contemplated by this Act, the jury rules, or a rule of law or practice relating to the trial of civil or criminal cases:
c: the disclosure of information to a court or to an investigative or prosecuting authority if the disclosure is made for the purposes of an investigation or prosecution of a contempt of court or of an offence relating to a juror or jury:
d: the disclosure of information relating to a proceeding under this section. Jury Act 1977 (New South Wales) s 68; Juries Act 2000 (Victoria) s 77 .