NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: CHRISTOV, Ivan v R [2009] NSWCCA 168 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 18 September 2008, 29 October 2008, 18 December 2008
JUDGMENT DATE: 26 June 2009
JUDGMENT OF: Giles JA at 1; Rothman J at 8; McCallum J at 75
(i) Appeal against conviction be dismissed.
DECISION: (ii) Leave to appeal against sentence be granted.
(iii) Appeal against sentence be dismissed.
CATCHWORDS: CRIMINAL LAW – appeal – election for judge alone trial – whether, as a matter of fact, election filed with court on a day prior to the date fixed for trial – discussion of legislative provisions
Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1919 LEGISLATION CITED: Criminal Procedure Act 1986 Evidence Act 1995 Supreme Court Rules
CATEGORY: Principal judgment
AK v The State of Western Australia [2008] HCA 8; (2008) 232 CLR 438 Quartermaine v R [1980] HCA 29; (1980) 143 CLR 595 R v Coles (1993) 31 NSWLR 550 CASES CITED : R v Doff [2005] NSWCCA 119 R v Fisher (Court of Criminal Appeal, Gleeson CJ, 22 May 1995, unreported) R v Metal Trades Employers' Association; Ex parte Amalgamated Engineering Union [1951] HCA 3; (1951) 82 CLR 208 R v Perry (1993) 29 NSWLR 589
PARTIES: Ivan Christov (Applicant) Regina (Respondent)
FILE NUMBER(S): CCA 2006/5216
COUNSEL: T Game SC / S Buchen (Applicant) D Arnott SC (Respondent)
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