Kahil v R [2020] NSWCCA 56

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Kahil v R [2020] NSWCCA 56 Hearing dates: 24 March 2020 Date of orders: 24 March 2020 Decision date: 30 March 2020 Before: Harrison J at [1]; Adamson J at [5]; Button J at [29] Decision: 1. Grant leave to the applicant to appeal to this Court.

2. Allow the appeal.

3. Vacate the order of King SC DCJ made on 23 March 2020 refusing the accused's, Michael Kahil's, application to discharge the jury and vacate the trial so far as it affected him.

4. Order that in the trial of the applicant the jury be discharged and the trial vacated.

5. Remit the proceedings to the District Court Criminal List on a date to be arranged. Catchwords: CRIME — Appeals — Interlocutory appeal — By accused against interlocutory judgment or order — trial judge refused to discharge jury although applicant's trial counsel had withdrawn – error established – importance of counsel to fair trial Legislation Cited: Criminal Appeal Act 1912 (NSW), ss 5F, 5G Criminal Code (Cth), ss 11.5, 307.11 Cases Cited: Alexandroaia v R (1995) 81 A Crim R 286 Croke v R [2020] NSWCCA 8 Dietrich v The Queen (1992) 177 CLR 292; [1992] HCA 57 Category: Principal judgment Parties: Michael Kahil (Applicant) Regina Representation: Counsel: P Lange (Applicant) S Callan (Crown)

Solicitors: Concordia Legal (Applicant) Commonwealth Director of Public Prosecutions (Crown) File Number(s): 2013/168832 Decision under appeal Court or tribunal: District Court Jurisdiction: Criminal Date of Decision: 23 March 2020 Before: King SC DCJ File Number(s): 2013/168832