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Number of counts charging indecent assault & sexual intercourse without consent upon stepdaughter. Lawson & Thapa: Import not less than trafficable quantity heroin - guilty pleas - each sentenced to 3*y with 2y NPP. Refusal by trial judge to discharge jury - exceptional circumstances - possible influence on deliberations by jurors of media coverage of matters close to subject matter of trial. Miscarriage of justice - appellant claimed plea of guilty entered upon advice of counsel. NABALARUA, Peniasi - CCA, Conviction and sentence appeal.2 x armed robbery (shot gun). Appellant arrested for purpose of questioning - arrest illegal - Williams v The Queen (1986) 161 CLR 278 - admissions made free and voluntarily open on the evidence - no failure in exercise of discretion to admit admissions as not being unfair to appellant - failure of trial judge to properly consider requirements of s.138(3) Evidence Act on admissibility of admissions as contrary to public policy. Guilty verdict on counts 1 & 2, not guilty on count 3. Delay in complaint - complainant niece of appellant - warning as to reliability of complainant's evidence - inconsistency of verdict - whether conviction unsafe or unsatisfactory. TALBOT, Leonard John - CCA, Crown appeal.1 x B&E dwelling house in circumstances of special aggravation (max 25y);1 x abduction with intent to carnally know (max 14y);1 x sexual intercourse without consent in circumstances of aggravation (max 20y). Respondent one of four offenders who, armed with knives, tomahawk & shotgun, broke into farmhouse intending to rob owner.
Wu: Knowingly concerned in importation of not less than trafficable quantity heroin - guilty plea - sentenced to 9y with 6y NPP.(Max penalty on each offence 25y & fine not exceeding 0,000.)Lawson & Thapa couriers each aged only 18 - avoidance of tiered process of sentencing - tariff of sentences for drug couriers in R v Ferrer-Essis (1991) 55 A Crim R 231 - youth of couriers, relevance and weight. Period of 17 days during which applicant had been denied bail taken into account. Owner was absent but 20y old employee wounded by shotgun and 15y old girl acting as nanny to 3 small children abducted and subjected to brutal sexual violation. BYRAM, Maxine - NSW SC, Hidden J, Redetermination of life sentence under s.13A Sentencing Act 1989.
HORE, Anthony John - NSW SC, Sperling J, Redetermination of life sentence under s.13A Sentencing Act 1989.
Murder (received life); rob with wounding & striking (received 14y).
Received 400 hours CSO on each count & disqualified from holding licence for 3y.
Up until time of offence, applicant led blameless & useful life - somewhat socially inept - giant strides towards rehabilitation but yet to face up to fact that he committed the murder - Victim Impact Statement from parents of deceased. FRANKS, Peter - CCA, Conviction appeal.1 x supply methylamphetamine; 1 x supply cannabis leaf. Fresh evidence - Police Royal Commission Material appeal. CIVICI, Mehmet - CCA, 2.12.97Sentence appeal.1 x attempted robbery (received MT 1*y, AT 2*y); 1 x BE&S (received concurrent 12m FT).
Young offender (20y at time of offences) - drug problem - alleged brain injury from motor accident - co-offender main offender - parity - special circumstances - discount given to co-offender because of assistance provided by him in prosecution of applicant - co-offender had lengthy criminal record. Sexual intercourse with person under age of 16y (actual age 7y); sexual intercourse with same victim (then aged 13y). Brother and sister - appellant 7 years older than victim. Victim traumatised by events - seriously depressed - lengthy periods of counselling. M, S - CCA, Sentence appeal.2 x common assault which carries max 2y; 1 x rob with aggravation (striking) which carries max 20y.
Declined to wear body wire during delivery, declined to give statement to police of what was said, declined to give evidence against co-offender who pleaded not guilty. Appeal allowed: resentenced to concurrent FT of 6m on each offence. Appeal allowed: verdicts, convictions & sentences in respect of counts 1, 3, 8, 9, 10, 11 & 12 quashed, judgement of acquittal entered. Crown case circumstantial - in the particular circumstances trial judge not required to give Peacock direction ( Peacock v The King (1911) 13 CLR 619) - issues sufficiently identified - no miscarriage of justice - verdict not unsafe or unsatisfactory. Crown appeal allowed: pursuant to s.12(2) Criminal Appeal Act, issues identified by s.5(1)(b) Periodic Detention of Prisoners Act 1981 remitted to Smart J as single judge of Supreme Court to determine.
Applicant anticipated payment of US,000 for his role. CRISOLOGO, Antonio - CCA - 99 A Crim R 178Conviction appeal & Crown appeal.2 x sexual intercourse without consent (s.61I Crimes Act 1900). Imposition upon Commonwealth (s.29B Crimes Act 1914 (Cth).12m PD. In event of not being satisfied as to such issues, he is to be at liberty to make orders implementing sentence of 2y PD; in the event of any difficulty arising or Smart J not being so satisfied, he is to return the matter to the CCA. FORSYTH, David John - CCA, Conviction appeal.1 x sexual intercourse with child aged between 10 & 16y.
Applicant suffering from physical disability leading to reactive depression - no abnormality of mind at time of murder. ROYALL, Kym William - NSW SC, Dunford J, 26.9.97Redetermination of life sentence under s.13A Sentencing Act 1989. Forcible entry into bathroom resulting in violent struggle between appellant and deceased.