R v Kilincer (No. 3)

Case •

[2022] NSWSC 1730

•

01 August 2022

No judgment structure available for this case.

Supreme Court


New South Wales

Medium Neutral Citation: R v Kilincer (No. 3) [2022] NSWSC 1730
Hearing dates: 1 August 2022
Date of orders: 1 August 2022
Decision date: 01 August 2022
Jurisdiction:Common Law
Before: Wilson J
Decision:

1. Order pursuant to s 53B(b) of the Jury Act that the juror who knows Mr Brijeski be discharged.

Catchwords:

CRIME – TRIAL – accused charged with murder – jury of 15 empanelled to hear trial – jury panel given list of witnesses and other significant persons – outline of alleged offence provided to jury panel – after empanelment juror reported an acquaintance with a witness – juror discharged

Legislation Cited:

Jury Act 1977 (NSW)

Category:Procedural rulings
Parties: Regina (Crown)
Kubilay Kilincer (Accused)
Representation:

Counsel:
B Hatfield (Crown)
E Ozen SC (Accused)

Solicitors:
Solicitor for Public Prosecutions (NSW) (Crown)
Abbas Jacobs Lawyers
File Number(s): 2020/30002
Publication restriction: Nil

Ex Tempore JUDGMENT (Revised)

  1. HER HONOUR: In terms of the juror the subject of MFI 6, this afternoon in the trial of R v Kilincer a note has been received from an unidentified jury member, who has advised that, having been listening to the course of the Crown Prosecutor's opening address he or she has recognised one of the witnesses who is to give evidence, a Mr Brijeski. The juror is aware of both the witness and the witness's occupation. I am told by the Crown Prosecutor that that witness's evidence is in dispute, and plainly, we cannot have a juror on the jury who knows a witness whose evidence is to be the subject of challenge.

  2. Observing that it is entirely regrettable that this juror did not raise the issue when invited to do so just a couple of hours earlier today, there is no other choice, in my opinion, than to discharge the juror, and that being the course that both parties suggest, accordingly I make an order pursuant to s 53B(b) of the Jury Act that the juror who knows Mr Brijeski be discharged.

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Decision last updated: 15 December 2022

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