NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: PETROULIAS v R(CTH) [2006] NSWCCA 415
HEARING DATE(S): 24 November 2006
JUDGMENT DATE: 24 November 2006
JUDGMENT OF: McClellan CJ at CL at 1; Grove J at 16; Howie J at 17
DECISION: Leave to appeal refused
CATCHWORDS: CRIMINAL LAW - s 5F APPEAL - form of the indictment - duplicity - insufficient to make out element of the offence - abuse of process - relevance of history of proceedings
LEGISLATION CITED: Criminal Appeal Act 1912 Criminal Procedure Act 1986
PARTIES: Nikytas Nicholas Petroulias (Appl) The Crown (Cth)
FILE NUMBER(S): CCA 2006/1964
COUNSEL: B Walker SC/N Clelland SC/G Livermore (Appl) P Hastings QC/C Hoy (Crown)
SOLICITORS: Coadys, Barristers & Solicitors (Appl) Commonwealth Director of Public Prosecutions (Crown)
LOWER COURT JURISDICTION: Supreme Court
LOWER COURT FILE NUMBER(S): 2002/93
LOWER COURT JUDICIAL OFFICER: Johnson J
LOWER COURT DATE OF DECISION: 8 August 2006
LOWER COURT MEDIUM NEUTRAL CITATION: R v Petroulias (No 1) NSWSC 788
IN THE COURT OF CRIMINAL APPEAL 2006/1964
McCLELLAN CJ at CL GROVE J HOWIE J
FRIDAY 24 NOVEMBER 2006 PETROULIAS, Nikytas Nicholas v REGINA (CTH) Judgment 1 McCLELLAN CJ at CL: This is an application for leave to appeal, pursuant to s 5F of the Criminal Appeal Act 1912 from a decision of Johnson J. 2 Johnson J has heard a number of pre-trial applications in relation to the retrial of the applicant upon an indictment containing three counts. 3 The first of those counts reads as follows. "Between about 1 September 1997 and 27 February 1999, Nikytas Nicholas Petroulias did defraud the Commonwealth, in that while an officer of the Australian Taxation Office, he did put the revenue of the Commonwealth at risk by causing Private Binding Rulings and Advance Opinions to issue to taxpayers, by dishonest means, (s 29D of the Crimes Act 1914 (Cth) - maximum penalty - ten years imprisonment)." 4 The applications made to his Honour, and in respect of which the application to this Court was made, sought four orders as follows:
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