NSW Caselaw
New South Wales District Court
CITATION: R v John Eric CARGNELLO [2009] NSWDC 132 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 1 June 2009
JUDGMENT DATE: 12 June 2009
JURISDICTION: Criminal
JUDGMENT OF: Bennett SC DCJ
DECISION: The Crown is granted leave to amend the indictment in this matter to included the offences charged in Counts 1 though 12 as proposed in the form of Indictment presented upon this application.
CATCHWORDS: CRIMINAL LAW – procedure – information, indictment or presentment – amendment
Acts Interpretation Act 1901 (Cth) Crimes Act 1914 (Cth) LEGISLATION CITED: Criminal Code Act 1995 (Cth) Criminal Procedure Act 1986 Customs Act 1901 (Cth)
R v Giam [1999] NSWCCA 53 CASES CITED: R v Isaacs (1997) 41 NSWLR 374 R v Taufahema [2007] HCA 11
PARTIES: The Commonwealth Director of Public Prosecutions John Eric Cargnello
FILE NUMBER(S): 2007/00016067
COUNSEL: Mr T Game SC (CDPP) Mr M Thangaraj (Accused)
IN THE DISTRICT COURT OF NEW SOUTH WALES CRIMINAL JURISDICTION
BENNETT SC DCJ
Friday 12 June 2009
2007/16067 – R v John Eric CARGNELLO
JUDGMENT ON APPLICATION TO AMEND INDICTMENT Introduction
1 In this matter the Commonwealth Director of Public Prosecutions has commenced proceedings against the Accused, John Eric Cargnello, for offences related to child pornography.
2 The Crown now seeks leave pursuant to s 20 of the Criminal Procedure Act 1986 to amend the indictment by adding further counts. The Accused opposes the application.
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