Isika v R [2015] NSWCCA 304

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Isika v R [2015] NSWCCA 304 Hearing dates: 14 October 2015 Decision date: 04 December 2015 Before: Macfarlan JA at [1]; Hall J at [20]; Bellew J at [21] Decision: (1) That 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.

(2) That there be a new trial on those counts. Catchwords: CRIMINAL LAW – indecent assault – act of indecency – appeal against conviction – whether a miscarriage of justice occurred as a result of trial judge's direction to the jury – whether trial judge's direction contravened the principles in Black v R [1993] HCA 71; 179 CLR 44 – whether trial judge's direction placed undue pressure on the jury to reach a decision - whether trial judge encouraged jurors to agree to compromise verdicts Legislation Cited: Crimes Act 1900 (NSW), ss 61L, 61N Criminal Appeal Act 1912 (NSW), s 6 Criminal Appeal Rules (NSW), r 4 Cases Cited: ARS v R [2011] NSWCCA 266 Black v R [1993] HCA 71; 179 CLR 44. R v TK [2009] NSWCCA 151; 74 NSWLR 299 R v Accused (CA 87/88)(1988) 2 NZLR 46; 3 CRNZ 301 R v Walhein (1952) 36 Cr App R 167 Timbery v The Queen [2007] NSWCCA 355; 180 A Crim R 232 Category: Principal judgment Parties: Christopher Isika (Appellant) Regina (Respondent) Representation: Counsel: C Loukas SC (Appellant) S Dowling SC (Respondent)