R v Faiello and Newman No. DCCRM-02-224

Nicola Rocco Faiello and Natalie Joanne Newman were charged with drug-related offences and the latter was also charged with fabricating evidence. The case revolves around the legal issue of whether the court proceedings against the accused constituted an abuse of process. The applicants argued that the proceedings against them were inconsistent and oppressive, as the charges had changed significantly over time. The court considered the principle that the accused should be aware of the charges against them from the start and the potential for misuse of court procedures.

The court held that the proceedings against Newman constituted an abuse of process. The change in charges was so significant that the charge she faced at trial was wholly inconsistent with the one on which she was committed for trial. The charge against her was not only of a different character but totally contradicted the Crown case on which she was committed for trial. This change in charges led to oppression and a misuse of the court’s procedures, as it was fundamental to the criminal justice system that the accused be aware from the start of the proceedings of the charges being faced.

The court, however, found that the proceedings against Faiello did not amount to an abuse of process. The charge against him remained consistent throughout the proceedings, and the inconsistency in the charges against Newman did not necessarily create an inherent and unavoidable inconsistency in the case against Faiello. The court rejected the argument that the information of September 2002 was unsustainable against Faiello and found that the application by Faiello was refused.

The final orders of the court were that count 2 in respect of the second accused, Natalie Joanne Newman, should be permanently stayed due to an abuse of process. The proceedings against the first accused, Nicola Rocco Faiello, did not amount to an abuse of process, and his application was refused.