Nikolaidis v R [2008] NSWCCA 323

Reported Decision: 191 A Crim R 556

New South Wales Court of Criminal Appeal

CITATION: Nikolaidis v R [2008] NSWCCA 323

HEARING DATE(S): 30 July 2008

JUDGMENT DATE: 17 December 2008

JUDGMENT OF: McClellan CJ at CL at 1; Simpson J at 111; Hislop J at 225

1. Appeal against conviction dismissed DECISION: 2. Leave granted to appeal against sentence 3. Appeal against sentence dismissed.

CATCHWORDS: CRIMINAL LAW - appeal and new trial and inquiry after conviction - appeal and new trial - miscarriage of justice - misdirection and non direction - whether trial judge failed to give proper or adequate instruction regarding the nature and scope of elements of offence of making false instrument - Crimes Act 1900 s 300, s 305 - CRIMINAL LAW - appeal and new trial and inquiry after conviction - appeal and new trial - miscarriage of justice - improper admission or rejection of evidence - whether substantial miscarriage of justice occasioned by decision of trial judge to grant leave to cross examine and manner and form of cross examination in relation to certain issues - Evidence Act 1995 s 104, s 112, s 192 - CRIMINAL LAW - appeal and new trial and inquiry after conviction - appeal and new trial - miscarriage of justice - improper admission or rejection of evidence - whether substantial miscarriage of justice occasioned by failure of Crown to obtain leave regarding adducing of evidence of complaint - Evidence Act 1995 s 108, s 192 - CRIMINAL LAW - appeal and new trial and inquiry after conviction - appeal and new trial - appeal against sentence - appeal by convicted persons

Crimes Act 1900 LEGISLATION CITED: Legal Profession Act 1987 (repealed) Evidence Act 1995