R v Kilincer (No. 5) [2022] NSWSC 1732

R v Kilincer (No. 5) [2022] NSWSC 1732

The interests of justice are best served by proceeding expeditiously. The legislative framework allows discharge of a juror infected with COVID-19, and there is no longer an entitlement to a jury of 12. As the future availability of jurors cannot be determined, juror S is discharged under s 53B(a) of the Jury Act.

Jurisdiction
Australia
Judgment Date
22 August 2022
Procedural Posture
Criminal Trial / Interlocutory Procedural Ruling During Trial
Outcome
Juror S discharged; trial to continue with remaining jurors.
Legal Topics
['jury Discharge' 'covid 19' 'trial Procedure']
['criminal Law'] ['jury Discharge' 'covid 19' 'trial Procedure']

Case Brief

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Procedural Posture

Criminal Trial / Interlocutory Procedural Ruling During Trial

Legal Issues

  1. 1 ['Whether the juror infected by COVID-19 should be discharged under the Jury Act' 'Whether the trial should be adjourned pending recovery of the juror']

Ratio Decidendi

The interests of justice are best served by proceeding expeditiously. The legislative framework allows discharge of a juror infected with COVID-19, and there is no longer an entitlement to a jury of 12. As the future availability of jurors cannot be determined, juror S is discharged under s 53B(a) of the Jury Act.

Court Disposition

Juror S discharged; trial to continue with remaining jurors.

Orders

  • ['Juror S is discharged pursuant to s 53B(a) of the Jury Act.']