R v Youkhana [2004] NSWCCA 87

New South Wales Court of Criminal Appeal

CITATION : R v Youkhana [2004] NSWCCA 87 HEARING DATE(S) : 24 March 2004 JUDGMENT DATE : 6 April 2004

JUDGMENT OF : Studdert J at 1; James J at 35; Dunford J at 36 DECISION : Appeal against conviction on count 4 upheld; conviction and sentence relating thereto quashed; new trial ordered in relation to count 4.

LEGISLATION CITED : Criminal Appeal Act, s 6 CASES CITED : R v Tangye (1997) 92 A Crim R 545 PARTIES : Regina v John Youkhana FILE NUMBER(S) : CCA 60455/03 COUNSEL : E. Wilkins (Crown) R. Hulme SC (Appellant) SOLICITORS : S. Kavanagh (Crown) S. O'Connor (Appellant)

LOWER COURT District Court JURISDICTION : LOWER COURT 02/11/0706 FILE NUMBER(S) : LOWER COURT Sorby DCJ JUDICIAL OFFICER :

IN THE COURT OF CRIMINAL APPEAL 60455/03

STUDDERT J JAMES J DUNFORD J

Tuesday 6 April 2004 REGINA v JOHN YOUKHANA Judgment 1 STUDDERT J: The appellant, John Youkhana, stood trial in the District Court before his Honour Judge Sorby and jury in December 2002 following the presentation of an indictment containing seven counts:

° Count 1 charged him with affray;

° Count 2 charged him with maliciously inflicting grievous bodily harm;

° Count 3 was an alternative count to Count 2, charging him with assault;

° Count 4 charged him with maliciously inflicting grievous bodily harm upon a police officer acting in the execution of his duty;