NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Petroulias v R [2007] NSWCCA 154
HEARING DATE(S): 1 June 2007
JUDGMENT DATE: 1 June 2007
JUDGMENT OF: Ipp JA at 1, 37; Latham J at 35; Fullerton J at 36
EX TEMPORE JUDGMENT DATE: 1 June 2007
DECISION: Application for leave to appeal refused.
CATCHWORDS: CRIMINAL LAW – fair trial – temporary stay of proceedings – whether trial judge's order refusing to grant a temporary stay of proceedings until the Commonwealth Director of Public Prosecutions paid the reasonable costs incurred by the applicant resulted in serious injustice or unfairness to the applicant – unfairness can only be established by proving fault on the part of the prosecution – whether a fault in the 'machinery of the administration of justice' is sufficient to establish unfairness
Criminal Appeal Act 1912 (NSW), s 5F(3)(a) LEGISLATION CITED: Jury Act 1977 (NSW) Taxation Administration Act 1953 (Cth)
Australian Coal and Shale Employees' Federation and Anor v The Commonwealth (1953) 94 CLR 621 House v The King (1936) 55 CLR 499 Jago v The District Court of New South Wales (1989) 168 CLR 23 CASES CITED: Lovell v Lovell (1950) 81 CLR 513 R v Fisher (2003) 56 NSWLR 625 R v Mosely (1992) 28 NSWLR 735 R v Selim [2007] NSWSC 154
PARTIES: Nikytas Nicholas Petroulias - Applicant Crown - Respondent
FILE NUMBER(S): CCA 2007/1296
COUNSEL: RF Sutherland SC with GK Walsh - Applicant P Hastings QC with C Hoy - Respondent
SOLICITORS: Coadys - Applicant Commonwealth Director of Public Prosecutions - Respondent
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