NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Cargnello v R [2009] NSWCCA 192
HEARING DATE(S): 16 July 2009
JUDGMENT DATE: 16 July 2009
JUDGMENT OF: Hodgson JA at [1], [31]; Howie J at [27]; Fullerton J at [30]
EX TEMPORE JUDGMENT DATE: 16 July 2009
DECISION: Application for leave to appeal is refused.
CATCHWORDS: CRIMINAL LAW – Amendment of indictment to include additional charges – Onus on Crown to show that single trial on all charges in indictment would not unfairly prejudice or embarrass the accused and that it is not desirable that there be separate trials.
Crimes Act 1914 (Cth), s 50 DB Criminal Appeal Act 1912 (Cth), s 5F LEGISLATION CITED: Criminal Code Act 1995 (Cth), s 474.19 Criminal Procedure Act 1986, ss 20, 21 Customs Act 1901 (Cth), s 233 BAB Evidence Act, s 137
CATEGORY: Principal judgment
PARTIES: John Eric CARGNELLO (applicant) Crown (respondent)
FILE NUMBER(S): CCA 2007/16067
COUNSEL: A BELLANTO QC/ M THANGARAJ (applicant) M JOHNSTON (Crown)
SOLICITORS: Watsons Solicitors and Barristers (applicant) Commonwealth Director of Public Prosecutions (Crown)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 2007/00016067
LOWER COURT JUDICIAL OFFICER: J Bennett SC DCJ
LOWER COURT DATE OF DECISION: 12 June 2009
IN THE COURT OF CRIMINAL APPEAL CCA 2007/16067
HODGSON JA HOWIE J FULLERTON J
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