R v Issakidis [2016] NSWSC 1290

The unfairness occasioned by the prosecution's fault in the first trial was adequately redressed by payment of reasonable costs thrown away; Mr Issakidis' current inability to fund legal representation and the alleged lost tactical advantage do not establish ongoing unfairness attributable to the prosecution, nor do they provide a basis for a further stay.

Jurisdiction: Australia
Judgment Date: 09 September 2016
Procedural Posture: Criminal / Interlocutory Application for Stay Prior to Fourth Trial
Outcome: Application dismissed; case stood over
Legal Topics: ['stay of Criminal Proceedings' 'prosecutorial Non Disclosure' 'costs Thrown Away' 'fair Trial' 'multiple Trials']

['criminal Law'] ['stay of Criminal Proceedings' 'prosecutorial Non Disclosure' 'costs Thrown Away' 'fair Trial' 'multiple Trials']

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Procedural Posture

Criminal / Interlocutory Application for Stay Prior to Fourth Trial

Legal Issues

1 ['Whether a fourth trial should be stayed pending further payment of costs thrown away at the first trial' "Whether continuing with the fourth trial would be unfair due to prosecutorial non-disclosure in the first trial and the accused's inability to fund private representation"]

Ratio Decidendi

Court Disposition

Application dismissed; case stood over

Orders

["The accused's notice of motion filed 7 June 2016 be dismissed." 'The proceedings stand over before Harrison J on 14 September 2016 at 9.30am.']