Issakidis v R [2019] NSWCCA 302

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Issakidis v R [2019] NSWCCA 302 Hearing dates: 2 September 2019 Date of orders: 20 December 2019 Decision date: 20 December 2019 Before: Bathurst CJ; Hoeben CJ at CL; Gleeson JA at [1] Decision: (1) Grant the applicant leave to appeal on ground 1 of the notice of appeal. (2) Refuse the applicant leave to appeal on ground 2. (3) Dismiss the appeal. Catchwords: CRIME – Federal Offences – Conspiracy – Dishonestly cause a loss or risk of loss to the Commonwealth – s 135.4(5) Criminal Code - False depreciation claims in company tax returns – Loss to Commonwealth in excess of $100 million

CRIME – Federal Offences – Conspiracy – Dealing with property of a value of $1 million or more believing it to be the proceeds of crime – ss 11.5(1) and 400.3(1) Criminal Code.

CRIME – Appeals – Appeal against conviction – Whether trial judge improperly applied pressure to jury interfering with free deliberation – s 80 Commonwealth Constitution – Jury notes – Trial judge refused request to adjourn for juror to attend job interview – Trial judge refused request to provide a second letter to juror's employer.

CONSTITUTIONAL LAW – Commonwealth Constitution – s 80 – Trial by jury – Constitutional contention - Whether trial judge breached s 80 by interfering with jury.

CRIME – Appeals – Appeal against conviction – Admissibility of evidence - Whether evidence of Amended Tax Assessments irrelevant and inadmissible as disclosed opinion of Commissioner of Taxation. Legislation Cited: Constitution Criminal Appeal Rules (NSW) Criminal Code (Cth) Cases Cited: ARS v R [2011] NSWCCA 266 Black v R (1993) 179 CLR 44; [1993] HCA 71 Dickson v R [2016] NSWCCA 105 Director of Public Prosecutions Reference No 1 of 2017 [2019] HCA 9; (2019) 93 ALJR 424 Papakosmas v The Queen (1999) 196 CLR 297; [1999] HCA 37 Phan v R [2018] NSWCCA 225 Pratten v R [2014] NSWCCA 117 R v Anthony James Dickson (No 18) [2015] NSWSC 268 R v Anthony James Dickson (No 18) [2015] NSWSC 268 R v Dickson; R v Issakidis (No 12) [2014] NSWSC 1595 R v Issakidis [2016] NSWSC 1102 R v Issakidis [2018] NSWSC 378 R v Prasad (1979) 23 SASR 161 R v Tangye (1997) 92 A Crim R 545 Roach v R [2019] NSWCCA 160 Texts Cited: Nil Category: Principal judgment Parties: Michael John Issakidis (applicant) The Crown (respondent) Representation: Counsel: P Lowe (applicant) M McHugh SC with A McGrath (respondent)