COURT IN THE SUPREME COURT OF SOUTH AUSTRALIA MATHESON J
CWDS
Criminal law - particular offences - Conspiracy - accused charged with conspiring in South Australia to grow cannabis in the Northern Territory - whether filing of new information several days before hearing of pre-trial applications was an abuse of process - application to stay on that ground dismissed - whether charges alleging conspiracy in South Australia to grow cannabis in the Northern Territory contrary to the provisions of a Northern Territory statute are offences indictable in this State - consideration of s5c of the Criminal Law Consolidation Act - application under s281 of last mentioned Act to quash information upheld.
Board of Trade v Oven and Another (1957) AC 602; R v Cox (1968) 1 WLR 88; DPP v Withers (1975) AC 842;R 276; Attorney-General's Reference (No 1 of 1982)
(1983) 1 QB 751; Libman v R (1985) 21 DLR (4th) 174; Mayer v Henderson (1993) 68 A Crim R 155; Rona v District Court of South Australia and Another (1994) 63 SASR 223; Re Anne Hamilton-Byrne (1995) 1 VR 129, considered.
HRNG ADELAIDE, 3-4 October 1995 #DATE 18:10:1995 #ADD 27:11:1995
Counsel for Crown: Mr D R Whittle
Solicitors for Crown: DPP (SA)
Counsel for accused Catanzariti: Ms B J Powell QC with
Mr D J Wardle
Solicitors for accused Catanzariti: Douglas Wardle
Counsel for accused Curcio: Mr G M Mcgee
Solicitors for accused Curcio: Greg Mcgee
Counsel for accused Koukouvitakis: Mr W R Retalic
Solicitors for accused Koukouvitakis: Sykes Bidstrup
Counsel for accused D Perre: Mr M L Abbott QC
Solicitors for accused D Perre: David Stokes and
Associates
Counsel for accused F Perre: Mr D Y Sprod
Solicitors for accused F Perre: Scammell and Co
Counsel for accused Poulos: Mr R C Bleechmore
Solicitors for accused Poulos: Ralph C Bleechmore
Counsel for accused Romeo: Mr J D Edwardson
Solicitors for accused Romeo:: Mcgee and Associates
Counsel for accused C Smyrneos: Ms M E Shaw
Solicitors for C Smyrneos: Caldicott and Co
Counsel for accused S Smyrneos: Ms M E Shaw
Solicitors for S Smyrneos: Caldicott and Co
Counsel for accused Vottari: Ms M E Shaw
Solicitors for Vottari: Caldicott and Co
ORDER
Application granted.
JUDGE1 MATHESON J The case for the Director of Public Prosecutions, stated very briefly, is that the accused, all of whom allegedly lived in South Australia at any relevant time, agreed in this State to cultivate cannabis on a property called Hidden Valley near Katharine in the Northern Territory. It is alleged that some of the accused were the organisers, some supplied the fertiliser and equipment, some worked the crops and some harvested the crops, but there was some overlap of involvement. The crop or crops were allegedly sold in South Australia and the accused shared the proceeds. This judgment deals with two pre-trial applications, for the first of which at least it is necessary to be precise about the relevant procedural steps and the dates thereof.
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- AGLC
- R v Catanzariti [1995] SASC 5298
- Case
- [1995] SASC 5298
- Decision Date
CaseChat Overview and Summary
The final orders of the court were that the application for a stay on the ground of abuse of process was dismissed, and the application to quash the information was granted. The information was quashed, and the case proceeded on the new information filed by the Director of Public Prosecutions.
Orders
Orders of the court
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Background
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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