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Applicant assaulted his stepfather because of an allegation that he had sexually assaulted the applicant's sister when she was 9 years old.
During the assault, applicant at one time armed himself with a mattock & at another time with an axe.
Maliciously wounding with intent to do GBH.11y with a NPP of 8y 3m.
The above offence involved an unprovoked, vicious attack upon the victim, as a result of which the victim suffered very serious injuries.
Appellant was the principal in this retail operation.
He & a co-offender met with the deceased, who was supposedly going to sell guns & ammunition to them. The co-offender was found guilty of the murder of the deceased & was sentenced to 13y 35w with a NPP of 10y 9w.
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).
Having granted leave to amend the indictment, the DC judge then ordered that there be separate trials of the 2 counts.
As a result of the impact, GBH was caused to the female passenger sitting in the front seat.
The Crown also relied upon an untaped admission made by Coates to police during a break in the videotaped ROI.