R v Yavuz (No. 2) [2017] NSWSC 1705

Supreme Court New South Wales

Medium Neutral Citation: R v Yavuz (No. 2) [2017] NSWSC 1705 Hearing dates: 5 December 2017 Date of orders: 05 December 2017 Decision date: 08 December 2017 Jurisdiction: Common Law - Criminal Before: Davies J Decision: 1. Reject the tender by the Crown of the triple 0 call made by Youness Elmbradt.

2. Jury discharged. Catchwords: EVIDENCE – criminal law – credibility – exceptions to the credibility rule - re-establishing credibility – eye witness to the killing of the deceased – witness makes triple 0 call – triple 0 call not disclosed by Crown until after witness's evidence completed – challenge to witness's credibility in cross-examination – tender of triple 0 call under s 108(3)(b) of the Evidence Act – whether it was asserted or implied that witness's evidence fabricated – significant probative value of triple 0 call - requirements of s 108(3) established – whether tender would be unfairly prejudicial to accused – whether probative value outweighed by unfair prejudice

CRIMINAL LAW – procedure – juries – whether jury should be discharged after rejection of tendered evidence – seriousness of charge – unfairness to accused – balancing exercise Legislation Cited: Evidence Act 1995 (NSW) Category: Procedural and other rulings Parties: Crown John Can Yavuz (Accused) Representation: Counsel: N Williams (Crown) S Littlemore QC & L Bewsher (Accused)

Solicitors: Office of the Director of Public Prosecutions (NSW) (Crown) Matouk Joyner Lawyers (Accused) File Number(s): 2015/335208