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.The wife was rescued by 3 members of the public & the applicant was held by these people until police arrived. Applicant apprehended following a covert police operation in which he had agreed, following receipt of cash, to supply heroin. NSW Mental Health (Criminal Procedure) Act ss.14, 24, 26. Crown alleged that appellant's de facto placed appellant's daughter's hand on his penis & used it to masturbate while the appellant sat next to him.Sentence too harsh - insufficient weight given to subjective material. POLDEN, James Pryde MITCHELL, Kim Michelle - CCA, Sentence appeal. Polden played a more significant role in commission of the 2 offences in which Mitchell was involved & also faced punishment for 3 further offences. Sentences manifestly excessive - error in sentencing process - parity. Appellant made no attempt to stop the activity nor to bring the matter to the attention of the authorities. The common law offence of misprision of felony was abolished in 1990. Held: Common law rule that a married woman is immune from prosecution for misprision of felony where the felony is committed by her husband should not be extended to de facto wives. MADDOCKS, John David - CCA, Appeal against stated case.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.
A group of Aboriginal men in the park saw the accused's group approaching & some of the Aboriginal group armed themselves with fence palings & ran off into a laneway where they were attacked by the accused & his friends, giving rise to the above charges. MT 4*y, AT 2*y.1,798 tablets analysed as containing 16.3 grams MDMA & 315.5 grams MDP-2-MB (both known as Ecstasy) with an estimated street value of ,000.
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.
Assistance to authorities - proportionality - discount - parity - sentence manifestly excessive.
Appeal allowed, resentenced: Count 2: MT 2y, AT 1y 4m; Counts 1 & 3: concurrent FT 1*y on each. Victim shot by accused at Botany Beach - witness forced to bury body - witness threatened - body discovered 12 years later - admissions to fellow-prisoner - fellow-prisoner made tape recordings of admissions. Premeditated, cold-blooded killing with the accused taking great steps to conceal his crime. Applicant snatched bag from a young woman containing the takings of her employer which she was taking to the bank. Young daughter lived with accused, however she spent some time with her mother each week.