NSW Caselaw
New South Wales Supreme Court
CITATION : R v SEN [2002] NSWSC 1204 FILE NUMBER(S) : SC 70047/02 HEARING DATE(S) : 18/11/02 - 21/11/02, 27/11/02, 28/11/02 JUDGMENT DATE : 28 November 2002
PARTIES : Regina Orkun James Sen (Accused) JUDGMENT OF : Dowd J at 1
COUNSEL : R Bonnici (Accused) M M Cunneen (Crown) SOLICITORS : J Rea ( Accused) R Spence (Crown) CATCHWORDS : Application for stay - abuse of process - self-defence - reasonable response LEGISLATION CITED : Justices Act 1902 Barton v The Queen (1980) 147 CLR 75 CASES CITED : Jago v District Court of New South Wales (1989) 168 CLR 23 Von Einem (No. 1) (1991) 52 ACrimR 373 Williams v Spautz (1992) 174 CLR 509 DECISION : Application for permanent stay refused.
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
DOWD J
Thursday 28 November 2002
70047/02 Regina v ORKUN JAMES SEN
JUDGMENT – ON THE APPLICATION FOR PERMANENT STAY BY THE ACCUSED
1 HIS HONOUR: This application for a permanent stay is brought by counsel, on behalf of the accused, that the charges in the indictment be permanently stayed.
2 The indictment alleged: i) That the accused did murder Polrithy Pov on 27 February 2001,
that count of murder, in the circumstances of the present case, involves the alternative count of manslaughter. The indictment also alleged: ii) That the accused did maliciously wound Phealy Pov with intent to murder him;
and an alternative count to that count: iii) That he did on the same date, 27 February 2001, maliciously wound Phealy Pov.
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