| IN THE SUPREME COURT OF VICTORIA | Not Restricted | |
AT MELBOURNE
CRIMINAL DIVISION
S CR 2017 0078; S CR 2017 0079
S CR 2017 0080; S CR 2017 0081
S CR 2017 0082; S CR 2017 0104
Between:
THE QUEEN
-and-
ROBERT EDWARD CERANTONIO
PAUL JAMES DACRE
ANTONINO ALFIO GRANATA
SHAYDEN JAMIL THORNE
KADIR KAYA &
MURAT KAYA
Accused
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JUDGE: | Croucher J | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 5 March 2018 | |
DATE OF RULING: | 5 March 2018 | |
CASE MAY BE CITED AS: | R v Cerantonio & Ors (Ruling 16) | |
MEDIUM NEUTRAL CITATION: | [2018] VSC 97 | |
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CRIMINAL LAW – Application for certification for application for leave to appeal against interlocutory decision – Six men charged jointly with offence of engaging in conduct preparatory to offence of entering a foreign country with intention of engaging in a hostile activity in that country – Court ruled, over objection of accused, that particulars of (third) indictment adequate with respect to alleged agreed and intended conduct in the Philippines – Whether interlocutory decision “otherwise of sufficient importance to the trial to justify its being determined on an interlocutory appeal” – DPP concedes that, if proposed appeal determined in accused’s favour, prosecution may be discontinued or permanent stay may be granted, thereby avoiding long trial for six accused – DPP concedes application not without merit – Interlocutory decision concerns untested provisions of some complexity – Application for certification granted – Criminal Procedure Act 2009 (Vic), s 295; The Queen v Cerantonio & Ors (Ruling 15) [2018] VSC 77; The Queen v Cerantonio & Ors (Ruling 13) [2018] VSC 35; The Queen v Cerantonio & Ors (Rulings 1-11) [2017] VSC 725.
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Appearances: | Counsel | Solicitors |
| For the Crown | Mr R Maidment QC with Ms R Sharp and Ms A Peek | Solicitor to Commonwealth Director of Public Prosecutions |
| For Robert Cerantonio | Mr M Cahill SC with Dr G Boas | Stary Norton Halphen Criminal Lawyers |
For Paul Dacre | Mr J McMahon SC with | Slades & Parsons |
For Antonino Granata | Mr C Farrington with | Patrick W Dwyer |
For Shayden Thorne | Mr S Moglia with | Doogue O’Brien George |
For Kadir Kaya | Mr D Hallowes SC with | Galbally & O’Bryan |
For Murat Kaya | Mr D Dann QC with | James Dowlsey & Associates |
HIS HONOUR:
Overview
Each of the six accused applies, pursuant to s 295(2) of the Criminal Procedure Act 2009 (Vic) (“the CPA”), for certification for an application for leave to appeal to the Court of Appeal against an interlocutory decision.
The interlocutory decision against which the accused wish to appeal concerns two aspects of my most recent pre-trial ruling in this matter[1] – namely (a) that, with respect to the (third) indictment, the particulars of the agreed and intended conduct in the Philippines are adequate; and (b) that those particulars allege agreed and intended conduct capable of having…
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- Case
- [2018] VSC 97
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the interlocutory decision was of sufficient importance to warrant an appeal. The court considered the untested provisions of some complexity involved in the decision, and whether the decision had implications that could affect the fairness of the trial or the outcome of the case. The applicants submitted that the particulars were inadequate and that the interlocutory decision had significant implications for their trial. The DPP, while opposing the application, conceded that the appeal had some merit and that the interlocutory decision could potentially impact the prosecution's case.
The court held that the interlocutory decision was of sufficient importance to warrant an appeal, noting that the untested provisions involved some complexity and that the decision had significant implications for the applicants' trial. The court accepted that if the appeal were determined in favour of the applicants, the prosecution might be discontinued or a permanent stay could be granted, thereby avoiding a lengthy trial. The court also took into account the DPP's concession that the application was not without merit. The court granted the application for certification, allowing the applicants to appeal the interlocutory decision.
The court's final order was that the application for certification was granted, permitting the applicants to appeal the interlocutory decision regarding the adequacy of the particulars of the third indictment. The court's ruling recognised the importance of the untested provisions and the potential impact on the applicants' trial, leading to the decision to allow the appeal.
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Background to the litigation
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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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