R v Issakidis

Case

[2016] NSWSC 1102

11 August 2016


Details
AGLC Case Decision Date
R v Issakidis [2016] NSWSC 1102 [2016] NSWSC 1102 11 August 2016

CaseChat Overview and Summary

In R v Issakidis, the appellant was charged with murder. The jury in the Supreme Court was unable to reach a verdict and the judge declared a mistrial. The appellant applied to the jury to conduct an investigation into the conduct of the jury. The application was made under the Jury Act, section 73A. The issue was whether the Supreme Court had the power to decline to allow the jury to investigate the conduct of the jury and whether the court had the power to conduct an investigation when there was no verdict. The court held that the Supreme Court has the power to decline to allow an investigation when there is no verdict and no reasonable basis to suspect irregularity. The court held that the jury has no power to investigate its conduct when there is no verdict. The court dismissed the appeal. The court ordered that the conviction and sentence be quashed and ordered a retrial.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Jury

  • Consent

  • Jurisdiction

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Cases Citing This Decision

8

R v Issakidis [2016] NSWSC 1290
Issakidis v The Queen [2019] NSWCCA 302
Cases Cited

1

Statutory Material Cited

2