R v Perdikoyiannis

R v PERDIKOYIANNIS
[2003] SASC 310

Court of Criminal Appeal:       Doyle CJ, Besanko and Sulan JJ

Doyle CJ         This is an appeal against conviction and sentence.

Facts

1. Mr Perdikoyiannis was charged with the offences of false imprisonment, causing grievous bodily harm with intent to do grievous bodily harm contrary to s 21 of the Criminal Law Consolidation Act 1935 (SA) (“the Act”) and armed robbery contrary to s 158 (a) and (b) of the Act. These offences allegedly occurred as part of a joint enterprise with three other men. It was not disputed that the offences were committed by the three men. Nor, by and large, was the evidence about the things done by Mr Perdikoyiannis disputed. The issue at trial was whether Mr Perdikoyiannis was a party to the offences. He stood trial alone.

2. Mr Nicolaidis, the victim, was the proprietor of a used car business at Klemzig.

3. On 9 May 2000 at about 11 am Mr Perdikoyiannis went to the business premises. Posing as a customer he spoke with Mr Nicolaidis, showing interest in some cars. He said he had a van that he wanted Mr Nicolaidis to look at as a possible trade-in. Mr Perdikoyiannis left the business to get the van and returned about 20 minutes later.  He walked with Mr Nicolaidis to a white Mitsubishi L300 van, which was parked in a car park adjacent to the business premises.

4. Mr Nicolaidis gave evidence that when the two men reached the van Mr Nicolaidis walked towards the rear door of the van, then went to the side sliding door at the suggestion of Mr Perdikoyiannis. Mr Perdikoyiannis opened the sliding door. Three men wearing balaclavas were inside the van. Their presence was concealed by material that screened the side and rear windows. The three men pulled Mr Nicolaidis into the van. Mr Nicolaidis said that Mr Perdikoyiannis pushed him into the van, which Mr Perdikoyiannis denied. In any event, Mr Nicolaidis was forced into the van. Mr Nicolaidis tried to escape, but the three men restrained him.

5. Mr Perdikoyiannis went to the front of the van, got in and started to drive. The van had not left the car park when the rear door of the van opened and a pistol and a green cordless drill fell out of the door. Mr Nicolaidis tried to crawl out through the rear door of the van, but was restrained by the three men.

6. Mr Perdikoyiannis then drove the van for approximately 30 minutes around the streets of Klemzig and Magill. During this time Mr Nicolaidis’ legs and hands were bound with gaffer tape. At least two of the men in the back of the van were armed with guns. At one point one of the men placed a gun against Mr Nicolaidis’ leg and pulled the trigger. The gun did not fire. He was beaten with fists and the guns and was stabbed several times in one hand. One of the men in the back of the van…