Fantakis v R (No 3) [2023] NSWCCA 35

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Fantakis v R (No 3) [2023] NSWCCA 35 Hearing dates: On the papers Date of orders: 27 February 2023 Decision date: 27 February 2023 Before: Ward ACJ; Rothman J; Dhanji J Decision: Refuse leave to bring the application to set aside or vary the judgment published on 15 February 2023 dismissing the earlier application to set aside or vary the judgment on the conviction appeal. Catchwords: CRIME — Application for leave to vary or set aside judgment dismissing application to set aside or vary judgment dismissing conviction appeal Legislation Cited: Supreme Court (Criminal Appeal) Rules 2021 (NSW), r 5.4 Cases Cited: Fantakis v R (No 2) [2023] NSWCCA 22 Fantakis v R [2023] NSWCCA 3 R v Spathis; R v Patsalis [2001] NSWCCA 476 Category: Consequential orders Parties: Elefterios (Terry) Fantakis (Applicant) Rex (Respondent) Representation: Counsel: M Ramage KC with T Woods (Applicant) (on grounds 1 and 2 only) E Fantakis (Applicant – self represented on remaining grounds) M Millward (Respondent)

Solicitors: Andrews Solicitors (Applicant) (on grounds 1 and 2 only) Solicitor for Public Prosecutions (NSW) (Respondent) File Number(s): 2013/297834; 2013/298264; 2021/248739 Publication restriction: Nil Decision under appeal Court or tribunal: Supreme Court of NSW Jurisdiction: Criminal Citation: R v Fantakis; R v Woods [2018] NSWSC 1700 Date of Decision: 8 November 2018 Before: Wilson J File Number(s): 2013/297834