Pleaded not guilty - in poor health, suffering from Parkinson's disease - maintained innocence - declined to participate in sentencing proceedings - assistance to authorities. A passer-by came to her rescue & he was kicked in the chest. Accused & wife saw each other during this period & on occasions had sexual relations.
These applications opposed by prosecution & refused by magistrate. DOUGLAS, Trevor Anthony - CCA, Crown appeal.2 x dangerous drive causing death.12m PD.
Respondent was the driver of a prime mover & trailer which collided with the rear of a station wagon travelling in the same lane. SCOTT, Ernest Clyde - CCA, 8.12.98Crown appeal against orders granting permanent stay of proceedings. At the time of the offences, the appellant was a practising.
The jury acquitted appellant of counts 4, 6 & 7 & convicted him of count 5 only.
Complainant's evidence supported by appellant's admission in record of interview.
Both were arrested, the man found to be in possession of 22 foils of powder comprising 61% heroin & 39% glucose (total weight 1.05 grams).
Search of respondent's premises revealed powder comprising 60.5% heroin & 39.5% sucrose, some bound with tape, some in plastic bags & some in 15 foils similar to those supplied to the man in the car park. Maliciously inflict GBH (s.34(b) Crimes Act; firing firearm in public place (s.93G(1)(b)); 3 further charges taken into account (possess unlicensed firearm; possess loaded firearm in public place; carry or fire firearm in manner likely to endanger safety of another). MT 11m, AT 2y (his Honour finding special circumstances).Lies - public deterrence - custodial sentence - vulnerability of taxi drivers working alone at night. LAU, Mun Loi - CCA, 4.12.98Sentence appeal.1 x knowingly concerned in importation of commercial quantity heroin (6.24 kgs) - 12y with NPP of 8y;1 x possess unlicensed firearm - 4y FT;1 x possess firearm on which serial number had been defaced - 2y FT. Opinion of forensic psychiatrist that applicant was a psychopath - severe personality disorder - drug addiction - no priors - appellant aged 24 - subjective factors - not premeditated - totality. ELDRIDGE, Jason John - CCA, 22.4.98Crown appeal.11 x steal MV; 2 x BE&S; 1 x larceny; 1 x possess implement capable of being used to enter & drive conveyance; 2 counts taken into account (negligent drive; ride motor cycle whilst unlicensed). Charges arose out of evidence given by respondent in Local Court when he was charged with possessing protected fauna (s.101(1) National Parks and Wildlife Act 1974).At the hearing he denied going into the national park with a rifle, however, later a rifle bearing the respondent's name was discovered in the park.RAWLINGS, John Albert - CCA, Conviction and sentence appeal.2 x indecent assault upon person under 16 (9y & 10y - same complainant); attempt carnal knowledge upon person under 16 (11y). Applicant aged 47 at outset of offences - excessive drinking - large family to support - alcoholic father - hardship to family. Complainant first complained 3 months after incidents alleged to have occurred but never been able to specify exactly when or where they took place.MT 9m, AT 3m.40 year delay before allegations to police - admissibility of complaint evidence - admissibility of evidence of other sexual misconduct - directions to jury thereon - Evidence Act 1995 ss.97, 101, 108, 137. HUTTON, Keith Robert - CCA, 3.4.98Sentence appeal.8 x BE&S; 8 x obtain benefit by deception; 60 similar offences on a Form 1. During committal applications 2 applications made on behalf of defence for complainant to give evidence at committal.Directions - supporting evidence - complaint evidence. N, P - NSW SC, Graham Barr J, Count 1: manslaughter (originally charged with murder but pleaded guilty to manslaughter). After a fight between the accused's friends & 3 young Aboriginal men outside a shop after the young Aboriginal men had been asked to leave the premises & the accused's friends took it upon themselves to escort them from the shop, the accused armed himself with kitchen knife & accompanied his friends to a park. BOUREL, Alan - CCA, Sentence appeal.2 x knowingly concerned in importation of trafficable quantity methylenediozymethylamphetamine (known as MDA or ecstasy).