Isika v R [2015] NSWCCA 304

Isika v R [2015] NSWCCA 304

The trial judge's direction to the jury was objectionable in referring to inconvenience, cost, and the need to repeat the process if a verdict was not reached, and therefore placed impermissible pressure on jurors to compromise their own views for the sake of reaching a unanimous verdict, which contravenes established principles. This amounted to a miscarriage of justice necessitating the quashing of the convictions and ordering of a new trial.

Jurisdiction
Australia
Judgment Date
04 December 2015
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal allowed; convictions quashed; new trial ordered
Legal Topics
['indecent Assault' 'act of Indecency' 'appeal Against Conviction' 'judicial Directions to Jury' 'miscarriage of Justice']
['criminal Law'] ['indecent Assault' 'act of Indecency' 'appeal Against Conviction' 'judicial Directions to Jury' 'miscarriage of Justice']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 ["Whether the trial judge's direction to the jury caused a miscarriage of justice" "Whether the trial judge's direction contravened principles in Black v R [1993] HCA 71; 179 CLR 44" 'Whether the trial judge placed undue pressure on the jury to reach a decision' 'Whether the convictions were unreasonable or unsupported by evidence']

Ratio Decidendi

The trial judge's direction to the jury was objectionable in referring to inconvenience, cost, and the need to repeat the process if a verdict was not reached, and therefore placed impermissible pressure on jurors to compromise their own views for the sake of reaching a unanimous verdict, which contravenes established principles. This amounted to a miscarriage of justice necessitating the quashing of the convictions and ordering of a new trial.

Court Disposition

Appeal allowed; convictions quashed; new trial ordered

Orders

  • ["The appellant's convictions on counts four and five charged in the Indictment issued in June 2014 by the Director of Public Prosecutions be quashed." 'There be a new trial on those counts.']