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The co-offender made a separate trial application, which was granted, & his re-trial was fixed for the following day.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.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.The victim suffered a skull fracture with bleeding & swelling to the brain & was hospitalised for a little over 3 weeks.He underwent surgery for the reconstruction of his skull, which included the insertion of metal plates.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.

During the assault, applicant at one time armed himself with a mattock & at another time with an axe.Appellants were convicted of the wilful murder of a female prostitute who intended giving evidence against them in future criminal proceedings.The Crown case was based primarily upon the co-offender, who received a reduced sentence in return for assistance.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.

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