R v Hawi & ors (No 30) [2011] NSWSC 1676

Supreme Court New South Wales

Medium Neutral Citation: R v Hawi & ors (No 30) [2011] NSWSC 1676 Hearing dates: 1 September 2011 Decision date: 31 October 2011 Jurisdiction: Common Law - Criminal Before: R A Hulme J Decision: Application to discharge jury refused Catchwords: CRIMINAL LAW - procedure - juries - discharge and excusing from attendance - prejudice to accused - two grounds - late notice of Crown's reliance upon evidence against the accused - alleged failure by Crown to comply with rule in Browne & Dunn Legislation Cited: Evidence Act 1995 Cases Cited: Browne v Dunn (1893) 6 R 67 Causevic v R [2008] NSWCCA 238 Puchalski v R [2007] NSWCCA 220 R v Hawi & ors (No 27) R v Kennedy [2000] NSWCCA 487; (2000) 118 A Crim R 34 R v Teasdale [2004] NSWCCA 91; (2004) 145 A Crim R 345 Category: Procedural and other rulings Parties: Regina Zoran Kisacanin Representation: Counsel: Ms N Adams with Ms H Roberts (Crown) Mr J Gordon (Accused) Solicitors: Solicitor for Public Prosecutions Elie Rahme & Associates File Number(s): 2009/75184; 2009/127777

Judgment 1HIS HONOUR: On 1 September 2011, I gave judgment on an application by Mr Gordon, counsel for the accused Kisacanin, that certain video evidence be either excluded in his case, or that a direction be given limiting its use. The application was refused in both respects: R v Hawi & ors (No 27) . 2Mr Gordon then applied for the discharge of the jury in respect of Mr Kisacanin (T4136). He had foreshadowed that he would make such an application in the event that the first application failed (T4134). 3After hearing submissions on the application I indicated that it was refused. These are my reasons. 4The application was put on the basis that there was irreparable prejudice for two reasons which I will deal with in turn.