R v Kilincer (No. 4) [2022] NSWSC 1731
Although there was no proper reason to conclude that Juror H had engaged in impropriety or that any actual prejudice or bias existed, the connection identified could create a perception that the juror had access to information beyond that provided in Court. That perception affected her ability to perform the functions of a juror within s 53B(d) of the Jury Act, so she should be discharged.
- Jurisdiction
- Australia
- Judgment Date
- 19 August 2022
- Procedural Posture
- Criminal Trial Procedural Ruling / Application to Discharge a Juror During Trial
- Outcome
- Juror H discharged from further service.
- Legal Topics
- ['juror Discharge' 'apprehended Bias' 'appearance of Impartiality' 'juror Impropriety']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal Trial Procedural Ruling / Application to Discharge a Juror During Trial
Legal Issues
- 1 ["Whether Juror H should be discharged because a possible connection between the juror's son and a member of the Crown's legal team could give rise to a perception of bias." 'Whether there was any actual impropriety, prejudice or bias by Juror H.']
Ratio Decidendi
Although there was no proper reason to conclude that Juror H had engaged in impropriety or that any actual prejudice or bias existed, the connection identified could create a perception that the juror had access to information beyond that provided in Court. That perception affected her ability to perform the functions of a juror within s 53B(d) of the Jury Act, so she should be discharged.
Court Disposition
Juror H discharged from further service.
Orders
- ['Order discharging the juror pursuant to s 53B(d) Jury Act.']
Full Case Text
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