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Petroulias v The Queen

Petroulias v The Queen

Case [2014] NSWCCA 108 26 June 2014

Appeal

Sentencing

Criminal Law

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Court of Criminal Appeal

Supreme Court

New South Wales

Summary available
Amendment notes

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

Judgment

THE COURT: Mr Nikytas Nicholas Petroulias ("the Applicant") was charged with three federal offences on an indictment brought by the Commonwealth Director of Public Prosecutions. He pleaded not guilty to each count. A jury of 11 returned guilty verdicts on 17 December 2007 on the second and third counts; the jury was unable to reach a verdict on the first count and was discharged without verdict. The Director determined not to proceed further on the first count.

The Applicant had been granted on bail throughout the trial, which was extended until he was sentenced on 20 June 2008.…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Petroulias v The Queen

Details

AGLC: Petroulias v The Queen [2014] NSWCCA 108
Case: [2014] NSWCCA 108
Decision Date: 26 June 2014

CaseChat Overview and Summary

Petroulias appealed against his conviction and sentence, following a lengthy trial, where the jury convicted him on counts 2 and 3 but failed to reach a verdict on count 1. The central issues before the court were whether there were any significant errors in the trial process, particularly regarding the clarity of the Crown's case and the judge's summing up on counts 2 and 3. Additionally, the court had to consider the legality of the sentence served, as it was completed before the appeal was heard.

The court reviewed the arguments that Petroulias made regarding the trial and sentencing. On the issue of the trial, Petroulias claimed that the Crown's case was not clearly presented and that the judge's summing up was inadequate. However, the court noted that these complaints were not raised at the trial and found no substance in the arguments. Regarding the sentence, the court held that there was no possibility of satisfying the criteria under section 19B of the Crimes Act 1914 (Cth), as the sentence had already been fully served by the time the appeal was lodged.

Consequently, the court determined that the appeal against conviction lacked merit and was dismissed. Furthermore, the appeal against the sentence was also rejected, as the sentence had already been served, and there was no prospect of satisfying the conditions for a sentence appeal under section 19B of the Crimes Act 1914 (Cth). The court concluded that the appeal was without merit and denied leave to appeal.

Orders