Court of Criminal Appeal
Supreme Court
New South Wales
- Summary available
Medium Neutral Citation: Issakidis v R [2019] NSWCCA 302 Hearing dates: 2 September 2019 Date of orders: 20 December 2019 Decision date: 20 December 2019 Before: Bathurst CJ; Hoeben CJ at CL; Gleeson JA at [1] Decision: (1) Grant the applicant leave to appeal on ground 1 of the notice of appeal.
(2) Refuse the applicant leave to appeal on ground 2.
(3) Dismiss the appeal.Catchwords: CRIME – Federal Offences – Conspiracy – Dishonestly cause a loss or risk of loss to the Commonwealth – s 135.4(5) Criminal Code - False depreciation claims in company tax returns – Loss to Commonwealth in excess of $100 million
CRIME – Federal Offences – Conspiracy – Dealing with property of a value of $1 million or more believing it to be the proceeds of crime – ss 11.5(1) and 400.3(1) Criminal Code.
CRIME – Appeals – Appeal against conviction – Whether trial judge improperly applied pressure to jury interfering with free deliberation – s 80 Commonwealth Constitution – Jury notes – Trial judge refused request to adjourn for juror to attend job interview – Trial judge refused request to provide a second letter to juror’s employer.
CONSTITUTIONAL LAW – Commonwealth Constitution – s 80 – Trial by jury – Constitutional contention - Whether trial judge breached s 80 by interfering with jury.
CRIME – Appeals – Appeal against conviction – Admissibility of evidence - Whether evidence of Amended Tax Assessments irrelevant and inadmissible as disclosed opinion of Commissioner of Taxation.Legislation Cited: Constitution
Criminal Appeal Rules (NSW)
Criminal Code (Cth)Cases Cited: ARS v R [2011] NSWCCA 266
Black v R (1993) 179 CLR 44; [1993] HCA 71
Dickson v R [2016] NSWCCA 105
Director of Public Prosecutions Reference No 1 of 2017 [2019] HCA 9; (2019) 93 ALJR 424
Papakosmas v The Queen (1999) 196 CLR 297; [1999] HCA 37
Phan v R [2018] NSWCCA 225
Pratten v R [2014] NSWCCA 117
R v Anthony James Dickson (No 18) [2015] NSWSC 268
R v Anthony James Dickson (No 18) [2015] NSWSC 268
R v Dickson; R v Issakidis (No 12) [2014] NSWSC 1595
R v Issakidis [2016] NSWSC 1102
R v Issakidis [2018] NSWSC 378
R v Prasad (1979) 23 SASR 161
R v Tangye (1997) 92 A Crim R 545
Roach v R [2019] NSWCCA 160Texts Cited: Nil Category: Principal judgment Parties: Michael John Issakidis (applicant)
The Crown (respondent)Representation: Counsel:
Solicitors:
P Lowe (applicant)
M McHugh SC with A McGrath (respondent)
McGirr Lawyers (applicant)
Office of the Commonwealth Director of Public Prosecutions (respondent)
File Number(s): 2012/128506 Publication restriction: Nil Decision under appeal
- Court or tribunal:
- Supreme Court of New South Wales
- Jurisdiction:
- Common Law
- Citation:
- [2018] NSWSC 378
- Date of Decision:
- 29 March 2018
- Before:
- Harrison J
- File Number(s):
- 2012/128506
HEADNOTE
[This headnote is not to be read as part of the judgment]
Michael John Issakidis (the applicant) has appealed against his conviction for…
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- AGLC
- Issakidis v The Queen [2019] NSWCCA 302
- Case
- [2019] NSWCCA 302
- Decision Date
CaseChat Overview and Summary
The legal issues in the appeal revolved around whether the trial judge's conduct constituted an interference with the jury's right to deliberate freely, as guaranteed under section 80 of the Commonwealth Constitution. Additionally, the court had to determine the admissibility of the Amended Tax Assessments and whether they disclosed the opinion of the Commissioner of Taxation, which would render them inadmissible. The appellant's final contention was regarding the sufficiency of the evidence to support the jury's verdict of guilt.
The High Court of Australia found that the trial judge did not improperly interfere with the jury's deliberations. The judge's refusal to adjourn the trial for a juror to attend a job interview and to provide a second letter to the juror's employer did not amount to an infringement of the jury's right to deliberate freely. The court held that the judge's actions were within the bounds of reasonable conduct and did not breach section 80 of the Constitution. Furthermore, the court found that the Amended Tax Assessments were admissible as they did not disclose the opinion of the Commissioner but were based on factual findings. The evidence presented was deemed sufficient to uphold the conviction.
The appeal was dismissed, and the conviction of the appellant was upheld. The court's decision confirmed the trial judge's actions did not infringe upon the jury's constitutional rights, and the evidence was admissible and sufficient to support the conviction.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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