R v Rizk [2024] NSWSC 314

R v Rizk [2024] NSWSC 314

The certificate was granted because the presiding judge had discontinued the criminal proceedings, ordered a new trial, and the discontinuance was not attributable to jury disagreement or to any act, neglect or default of the applicant or her legal team; therefore the statutory preconditions were established and no statutory prohibiting factor applied.

Jurisdiction
Australia
Judgment Date
26 March 2024
Procedural Posture
Uncontested Application for a Certificate Pursuant to S 6 A(1)(c) of the Suitors' Fund Act 1951 (nsw) / On the Papers After a Murder Trial Was Aborted Before Delivery of Verdict and a New Trial Was Ordered
Outcome
Certificate granted.
Legal Topics
["suitors' Fund Act Certificate" 'discharge of Jury' 'new Trial' 'constructive Murder' 'extended Joint Criminal Enterprise']
['costs' 'criminal Law'] ["suitors' Fund Act Certificate" 'discharge of Jury' 'new Trial' 'constructive Murder' 'extended Joint Criminal Enterprise']

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Procedural Posture

Uncontested Application for a Certificate Pursuant to S 6 A(1)(c) of the Suitors' Fund Act 1951 (nsw) / On the Papers After a Murder Trial Was Aborted Before Delivery of Verdict and a New Trial Was Ordered

Legal Issues

  1. 1 ["Whether the statutory preconditions for granting a certificate under s 6A(1)(c) of the Suitors' Fund Act 1951 (NSW) were established after the jury was discharged and a new trial ordered." 'Whether any discontinuance of the criminal proceedings was attributable to jury disagreement or to the act, neglect or default of the applicant or her legal team.']

Ratio Decidendi

The certificate was granted because the presiding judge had discontinued the criminal proceedings, ordered a new trial, and the discontinuance was not attributable to jury disagreement or to any act, neglect or default of the applicant or her legal team; therefore the statutory preconditions were established and no statutory prohibiting factor applied.

Court Disposition

Certificate granted.

Orders

  • ['Certificate granted.']