Romolo v R [2016] NSWCCA 240

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Romolo v R [2016] NSWCCA 240 Hearing dates: 2 August 2016 Date of orders: 02 August 2016 Decision date: 31 October 2016 Before: Hoeben CJ at CL at [1] Button J at [2] N Adams J at [49] Decision: (1) Leave to appeal granted. (2) Appeal dismissed. Catchwords: CRIMINAL LAW – appeal – application for permanent stay of proceedings – threat made against applicant and his family – whether trial judge failed to have regard to prejudice to applicant in presentation of his case at trial – appeal dismissed Legislation Cited: Criminal Appeal Act 1912 (NSW), s 5F Criminal Code Act 1995 (Cth), Sch, ss 11.2A(1), 307.1 Cases Cited: Dupas v The Queen (2010) 241 CLR 237; [2010] HCA 20 House v The King (1936) 55 CLR 499; [1936] HCA 40 Hughes v R [2015] NSWCCA 330 TS v The Queen [2014] NSWCCA 174 Category: Principal judgment Parties: Marco Romolo Regina Representation: Counsel: M Thangaraj SC (Applicant) T D Anderson (Respondent) C Dobraszczyk (Respondent)

Solicitors: Horowitz & Bilinsky Solicitors (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2012/334189 Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Criminal Date of Decision: 27 July 2016 Before: Lakatos SC DCJ File Number(s): 2012/334189