Petroulias v R [2014] NSWCCA 108

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Petroulias v R [2014] NSWCCA 108 Hearing dates: 12 June 2014 Decision date: 26 June 2014 Before: Leeming JA; Price J; Bellew J Decision: 1. Refuse the Applicant leave under r 4 of the Criminal Appeal Rules to raise grounds challenging the summing up to the jury, in circumstances where no such objection had been taken at trial. 2. Refuse the Applicant leave to appeal against his convictions. 3. Refuse the Applicant leave to appeal against the sentences imposed on 20 June 2008. Catchwords: CRIMINAL LAW - appeal and new trial - appeal against conviction - jury convicted on counts 2 and 3 and failed to reach a verdict on count 1 - lengthy trial - alleged lack of clarity in Crown case and judge's summing up on counts 2 and 3 - complaint not made at trial - no substance in complaint - leave refused

CRIMINAL LAW - appeal and new trial - appeal against sentence - sentence already served in full prior to appeal being heard - no prospect of s 19B Crimes Act 1914 (Cth) being satisfied - leave to appeal refused. Legislation Cited: Crimes Act 1914 (Cth), ss 19B, 70(1), 73(2) Criminal Appeal Act 1912 (NSW), s 5(1)(b) and (c) Criminal Appeal Rules, r 4 Cases Cited: AP v R [2013] NSWCCA 189 Buckley v R; R v Buckley [2012] NSWCCA 85 Petroulias v R [2006] NSWCCA 415 Petroulias v R [2007] NSWCCA 134 Petroulias v R [2010] NSWCCA 95 Petroulias v The Hon Justice McClellan [2013] NSWCA 434; (2013) 306 ALR 210 Picken v R [2007] NSWCCA 319 R v Germakian [2007] NSWCCA 373; 70 NSWLR 467 R v ITA [2003] NSWCCA 174; (2003) 139 A Crim R 340 R v Petroulias (No 1) [2006] NSWSC 788 R v Petroulias [2005] NSWCCA 75; 62 NSWLR 663 R v Preston [2005] NSWCCA 177 R v Wilson and Grimwade [1995] 1 VR 163 Wills v Petroulias [2003] NSWCA 390 Category: Principal judgment Parties: Nikytas Nicholas Petroulias (Applicant) Regina (Respondent) Representation: Counsel: G James QC (Applicant) D Staehli SC (Crown) Solicitors: Frenkel Partners (Applicant) Commonwealth Director of Public Prosecutions (Crown) File Number(s): 2002/2371 Decision under appeal Citation: R (Cth) v Petroulias (No 36) [2008] NSWSC 626 Date of Decision: 2008-06-20 00:00:00 Before: Johnson J File Number(s): SC 2002/93