R v Issakidis [2016] NSWSC 1102

R v Issakidis [2016] NSWSC 1102

Court refused consent as no verdict was returned by the jury, thereby s 73A power was not engaged, and no reasonable basis to suspect jury irregularity existed.

Jurisdiction
Australia
Judgment Date
11 August 2016
Procedural Posture
Criminal / Post Trial Application
Outcome
Consent to jury investigation refused.
Legal Topics
['jury Investigation' 'jury Irregularity' 'consent Under S 73 a Jury Act']
['criminal Law' 'procedure'] ['jury Investigation' 'jury Irregularity' 'consent Under S 73 a Jury Act']

Case Brief

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Procedural Posture

Criminal / Post Trial Application

Legal Issues

  1. 1 ['Whether the Supreme Court should consent to a jury investigation under s 73A of the Jury Act 1977 (NSW) after jury discharge without verdict.' 'Whether divisions between jurors constitute an irregularity warranting investigation under s 75C of the Jury Act 1977 (NSW).']

Ratio Decidendi

Court refused consent as no verdict was returned by the jury, thereby s 73A power was not engaged, and no reasonable basis to suspect jury irregularity existed.

Court Disposition

Consent to jury investigation refused.

Orders

  • ['Consent under s 73A of the Jury Act 1977 (NSW) for jury investigation is declined.']