R v Issakidis [2016] NSWSC 1290

Supreme Court New South Wales

Medium Neutral Citation: R v Issakidis [2016] NSWSC 1290 Hearing dates: 9 September 2016 Date of orders: 09 September 2016 Decision date: 09 September 2016 Jurisdiction: Common Law - Criminal Before: Beech-Jones J Decision: (1) The accused's notice of motion filed 7 June 2016 be dismissed. (2) The proceedings stand over before Harrison J on 14 September 2016 at 9.30am. Catchwords: CRIMINAL LAW – notice of motion – stay application – accused due to face fourth trial – first trial aborted due to fault of prosecution in not disclosing documents – second trial stayed until costs thrown away by first trial paid – costs paid – second trial aborted – third trial resulted in hung jury – whether fourth trial should be stayed – unfairness from prosecution's non-disclosure not ongoing – redressed by payment – motion dismissed Legislation Cited: Crimes Act 1900 (Cth) Criminal Code 1995 (Cth) Cases Cited: Dickson v R [2016] NSWCCA 105 Dietrich v R (1992) 177 CLR 292; [1992] HCA 57 R v Anthony James Dickson (No 18) [2015] NSWSC 268. R v Dickson; R v Issakidis (No 12) [2014] NSWSC 1595 R v Michael James Issakidis [2015] NSWSC 834 R v Issakidis [2016] NSWSC 1102 R v Mosely (1992) 28 NSWLR 735 R v Ulman-Naruniec (2003) 143 A Crim R 531; [2003] SASC 437 Category: Procedural and other rulings Parties: Crown (Commonwealth Prosecutor) Michael John Issakidis (Accused) Representation: Counsel: Mr M McHugh SC Mr M Byrne QC (Accused)