NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Regina v Sid Zaiter [2005] NSWCCA 61
HEARING DATE(S): 21 February 2005
JUDGMENT DATE: 2 March 2005
JUDGMENT OF: Grove J at 1; James J at 2; Barr J at 3
DECISION: Leave to appeal refused.
CATCHWORDS: Criminal law - application for leave to appeal against order refusing leave to withdraw plea of guilty - whether evidence capable of proving offence - whether Court erred in refusing leave.
Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern Limited) [1953] 1 QB 401 R v Deng (1996) 91 A Crim R 80 R v Derbas (1993) 66 A Crim R 327 Director of Public Prosecutions Reference No 2 of 1995 (1995) 65 SASR 508 R v Carusi and Cassar (1989) 17 NSWLR 516 CASES CITED: R v Chow (1987) 11 NSWLR 561 R v Chiron [1980] 1 NSWLR 218 R v Ondrovcik Court of Criminal Appeal, New South Wales, 4 November 1977 R v Boag (1994) 73 A Crim R 35 R v BD (2001) 128 A Crim R 28 R v McCoy (2001) 51 NSWLR 702
PARTIES: Regina, Sid Zaiter
FILE NUMBER(S): CCA 2005/2349
D I Cassidy QC and G Jauncey COUNSEL: J Bennett SC
T Heenan SOLICITORS: S Kavanagh
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 03/11/0793
LOWER COURT JUDICIAL OFFICER: Woods QC DCJ
- 1 - IN THE COURT OF CRIMINAL APPEAL 2004/2349
GROVE J JAMES J BARR J
1 MARCH 2005 REGINA v SID ZAITER Judgment 1 GROVE J: I agree with Barr J. 2 JAMES J: I agree with Barr J. 3 BARR J: This is an application under s5E Criminal Appeal Act for leave to appeal against an order of Woods QC DCJ refusing the applicant leave to withdraw a plea of guilty previously entered before another judge. 4 The applicant was a drug dealer who had sold prohibited drugs to one Brendan McMullen. Investigating police lawfully listened to and recorded a series of telephone conversations between him and McMullen. The first of the series which is relevant to this application was a conversation the two had when the applicant telephoned McMullen on 6 December 2001. They had already had some dealings. McMullen told the applicant that he had already picked up the money. The applicant said - it's ready for ya anyway. …It's the right thing, don't worry, I swear to God. …You don't have to worry about nothin'.
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