Glass lewis backdating
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.The station wagon became airborne & collided with a large sign on side of road. Proposed indictment containing 7 counts charging indecent assaults, assaults, sexual intercourse without consent.4 complainants who were either adopted or State wards being cared for by respondent & his wife. FRANCIPANE, Salvatore - CCA, Conviction and sentence appeal. Count 2: false pretences (0,000); in the alternative fraudulently omit to account. Elements of offence - meaning of 'account'- whether to order new trial where Crown could not succeed on case put at trial but might succeed at new trial on different case based on same evidence.Two passengers seated in rear of station wagon killed instantly. Appeal allowed: resentenced to WILLIAMS, Grant Raymond - CCA, Sentence appeal.1st indictment: 1 x act of indecency (s.61N); 3 x homosexual intercourse (s.78K); 4 matters on a Form 1.2nd indictment: 1 x indecent assault (s.61E(1) - since repealed); 2 x homosexual intercourse (s.78K); 1 x indecent assault (s.61N); 6 matters on a Form 1. Respondent's wife who may have been able to corroborate respondent now deceased. Count 1: conviction appeal allowed, verdict of acquittal entered.The Court was advised on the day following the hearing & it was directed that application for leave to reopen be listed before the CCA in the ordinary course. Joint enterprise - applicant's sister charged with 2nd & 3rd counts.In the meantime, the CCA has heard extensive argument about the same issue in another matter & reserved its judgement. The 1st count related to a transaction which formed part of the larger enterprise in which both sisters were involved which police observed when conducting surveillance. Applicant involved in enterprise for more than 7 months.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).
The judge directed the jury to acquit on counts 1, 2 & 3.
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.
Total gross amount of heroin found at premises was 141 grams with a value of ,000. All charges arose out of a single series of events which involved applicant & his wife who were separated at the time. SLATTERY, Carl Rodney - CCA, 9.12.98Appeal against order refusing permanent stay.
Attack upon wife outside her workplace following an argument with her the previous evening, striking the wife repeatedly with the butt of a shotgun with sufficient force to cause part of the wood of the butt to break away. Already serving a sentence at time of sentencing for above offences. Maliciously discharge gun with intent to do GBH; possess shortened firearm; possess unlicensed pistol. Fitness to be tried - special hearing held - found guilty of some offences by jury - subsequent review of forensic patients one year later - now found fit to plead. Appellant convicted of misprision of felony (common law misdemeanour triable on indictment) involving a sexual offence on appellant's daughter.