R v Kilincer (No. 6) [2022] NSWSC 1733

R v Kilincer (No. 6) [2022] NSWSC 1733

In the context of a pandemic, and considering prior case management experience, there was no sufficient reason to discharge the remainder of the jury, and the trial should appropriately continue with 11 attentive and diligent jurors.

Parties
Crown: Regina; Accused: Kubilay Kilincer
Jurisdiction
Australia
Judgment Date
22 August 2022
Procedural Posture
Criminal Trial / Procedural Ruling During Trial
Outcome
Application to discharge jury refused.
Legal Topics
Jury Discharge, Pandemic Impact, Trial Procedure
Criminal Law Jury Discharge Pandemic Impact Trial Procedure

Case Brief

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Parties

Regina

Crown

Kubilay Kilincer

Accused

Procedural Posture

Criminal Trial / Procedural Ruling During Trial

Legal Issues

  1. 1 Whether the trial judge should discharge the remaining jury members after one juror was discharged due to illness, resulting in a jury of 11

Ratio Decidendi

In the context of a pandemic, and considering prior case management experience, there was no sufficient reason to discharge the remainder of the jury, and the trial should appropriately continue with 11 attentive and diligent jurors.

Court Disposition

Application to discharge jury refused.

Orders

  • The trial will continue with 11 jurors.