NSW Caselaw
New South Wales Supreme Court
CITATION : Regina v Darwiche & Ors [2006] NSWSC 929
HEARING DATE(S) : 22/5/06, 23/5/06, 24/5/06, 25/5/06, 26/5/06, 30/5/06,
JUDGMENT DATE : 30 May 2006
JUDGMENT OF : Bell J at 1
DECISION : Dismiss the motion filed by Adnan Darwiche on 9 November 2005; Dismiss the motion filed by or on behalf Nasaem El-Zayet on 6 December 2005; Dismiss the motion filed on behalf of Abbas Osman on 11 November 2005; Dismiss the motion filed on behalf of Ramzi Aouad on 7 December 2005; Grant leave to the Crown pursuant to s 20(1) of the Criminal Procedure Act 1989 to substitute the proposed indictment for the indictment upon which each accused was previously arraigned.
CATCHWORDS : Application for leave to substitute indictment – s 20 Criminal Procedure Act 1986 – joinder of offences and offenders – offences forming part of a series of offences of a similar character
Criminal Procedure Act 1986 Criminal Procedure Act 1989 LEGISLATION CITED : Criminal Procedure Amendment (Justices and Local Courts) Act 2001 Evidence Act 1995 Justices Act 1902 Justices (Amendment) Act 1987
R v Baartman (unreported) NSW CCA 6 October 1994 R v Basha (1989) 39 A Crim R 337 CASES CITED : R v Hass [1972] 1 NSWLR 589 R v Sheikh [2002] NSW CCA 136 R v Toki [2000] NSWCC 999; 116 A Crim R Webb and Hay v R (1994) 181 CLR 41
Regina Adnan Darwiche (Accused) PARTIES : Nasaem El-Zeyat (Accused) Ramzi Aouad (Accused) Abass Osman (Accused)
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