R v Botrus (No 5) [2020] NSWSC 1642

Supreme Court New South Wales

Medium Neutral Citation: R v Botrus (No 5) [2020] NSWSC 1642 Hearing dates: 16 September 2020 Date of orders: 16 September 2020 Decision date: 20 October 2020 Jurisdiction: Common Law - Criminal Before: Walton J Decision: The Court refused, on 16 September 2020, to make the primary, alternative or further alternative direction sought by the accused. Catchwords: CRIMINAL LAW – adjustment to judgment Legislation Cited: Crimes Act 1900 (NSW) Cases Cited: R v Botrus (No 4) [2020] NSWSC 1449 Shepherd v The Queen (1990) 170 CLR 573 Category: Principal judgment Parties: Regina (Crown) Fredon Botrus (Defendant) Representation: Counsel: M Clark (Crown) S Pararajasingham (Defendant)

Solicitors: Office of the Director of Public Prosecutions (Crown) Sayad Sahinovic Legal (Defendant) File Number(s): 2019/11627

judgment 1. HIS HONOUR: On 20 October 2020, the Court delivered reasons for decision for a ruling made on 16 September 2020 during the course of the trial: R v Botrus (No 4) [2020] NSWSC 1449 ("Botrus No 4"). 2. Upon a review of the judgment, it was observed that an administrative error had been made in the publication of the judgment by failing to include the fourth reason for decision with respect to the "further alternative direction" sought by the then accused. 3. The fourth reason, which had intended to be published, was as follows: Fourthly, I consider the direction would, in the context of this case be unnecessary and confusing: Shepherd at 579. (The full citation of the case therein cited was given in Botrus No 4, namely, Shepherd v The Queen (1990) 170 CLR 573). 1. The reasons for judgment in Botrus No 4 are thereby varied by adding the above reason at [51]. The final paragraph of the judgment (the then fourth reason) shall still be introduced by the word "Lastly".