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The Crown also relied upon an untaped admission made by Coates to police during a break in the videotaped ROI.

Whether error in sentencing judge's assessment of evidence relating to applicant's mental & psychiatric condition at time of offence - whether error in assessment of culpability - whether sentence excessive. SMITH, Adam Eric - CCA, 9.2.2005Grove & James JJCitation: R v Smith [2005] NSWCCA 19Sentence appeal. Applicant was driving his vehicle on a rural road when he overtook another vehicle after entering a 100kph zone.His conviction was subsequently quashed & a new trial ordered.It was proposed by the Crown to try the appellant & the co-offender jointly.The co-offender made a separate trial application, which was granted, & his re-trial was fixed for the following day.

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Prior to the commencement of his re-trial, he negotiated with the DPP & a nolle prosequi was entered on the murder charge, conditional upon him pleading guilty to a charge of having been an accessory after the fact to murder, that he would provide further information to police & that he would undertake to give truthful evidence for the Crown at the appellant's trial.

On the day the trial was to commence, the Crown made an application to the DC judge to amend the indictment by adding a further & alternative count under s.52A(3)(c).