NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Regina v Lykouras [2005] NSWCCA 8
HEARING DATE(S): 18/11/2004
JUDGMENT DATE: 4 February 2005
JUDGMENT OF: Sully J at 1; Hidden J at 2; Howie J at 3
DECISION: Leave to appeal against the order granting leave to the Crown to amend the indictment is granted but the appeal is refused. The appeal by the Crown against the order for separate trials is allowed and the order quashed.
CATCHWORDS: Criminal Law - Practice and Procedure - Application by Crown to amend indictment to add alternative count - Application granted by trial judge who ordered separate trials of the two counts - whether leave to amend indictment should have been granted - if so whether separate trials should have been ordered.
Criminal Procedure Act 1986 - s 20 LEGISLATION CITED: Crimes Act 1900 - s 52A(3)(a) Evidence Act 1995 - s 138
Beach (1994) 75 A Crim R 447 R v Gulliford [2004] NSWCCA 338 R v McBride [1962] 2 QB 167 CASES CITED: R v Thorpe [1972] 1 All ER 929 R v Woodward [1995] 3 All ER 79 Owens (1987) 30 A Crim R 59 R v Johnston (1998) 45 NSWLR 362
PARTIES: Regina v Paul Lykouras
FILE NUMBER(S): CCA 2004/2633
G. Rowling - Crown COUNSEL: J. Doris - Applicant
S. Kavanagh - Crown SOLICITORS: G. Meakin - Applicant
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 04/21/3159
LOWER COURT JUDICIAL OFFICER: Gibb DCJ
IN THE COURT OF CRIMINAL APPEAL 2004/2633 CCAP
SULLY J HIDDEN J HOWIE J
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