R v Botrus (No 5)

[2020] NSWSC 1642

Supreme Court

New South Wales

• Amendment notes

Medium Neutral Citation:

R v Botrus (No 5) [2020] NSWSC 1642

Hearing dates:

16 September 2020

Date of orders:

16 September 2020

Decision date:

20 October 2020

Jurisdiction:

Common Law - Criminal

Before:

Walton J

Decision:

The Court refused, on 16 September 2020, to make the primary, alternative or further alternative direction sought by the accused.

Catchwords:

CRIMINAL LAW – adjustment to judgment

Legislation Cited:

Crimes Act 1900 (NSW)

Cases Cited:

R v Botrus(No 4) [2020] NSWSC 1449

Shepherd v The Queen (1990) 170 CLR 573

Category:

Principal judgment

Parties:

Regina (Crown)
Fredon Botrus (Defendant)

Representation:

Counsel:
M Clark (Crown)
S Pararajasingham (Defendant)

Solicitors:
Office of the Director of Public Prosecutions (Crown)
Sayad Sahinovic Legal (Defendant)

File Number(s):

2019/11627

judgment

1. HIS HONOUR: On 20 October 2020, the Court delivered reasons for decision for a ruling made on 16 September 2020 during the course of the trial: R v Botrus (No 4) [2020] NSWSC 1449 (“Botrus No 4”).

2. Upon a review of the judgment, it was observed that an administrative error had been made in the publication of the judgment by failing to include the fourth reason for decision with respect to the “further alternative direction” sought by the then accused.

3. The fourth reason, which had intended to be published, was as follows:

Fourthly, I consider the direction would, in the context of this case be unnecessary and confusing: Shepherd at 579.

(The full citation of the case therein cited was given in Botrus No 4, namely, Shepherd v The Queen (1990) 170 CLR 573).

4. The reasons for judgment in Botrus No 4 are thereby varied by adding the above reason at [51]. The final paragraph of the judgment (the then fourth reason) shall still be introduced by the word “Lastly”.

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Amendments

09 March 2021 - Publication restriction removed.

Decision last updated: 09 March 2021