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Sentenced to 10y with 7*y NPP backdated to date of arrest. Mc CAULEY, Brian Michael - CCA, Application for extension of time to appeal against sentence. Quantity involved in relation to 3 co-offenders was 21.5 kg gross, equivalent to 14.9 kg pure. - CCA, Conviction appeal.12 x sexual offences committed against 2 complainants (both sisters & both nieces of appellant - 4 x act of indecency; 6 x sexual intercourse without consent; 2 x assault with act of indecency). Held differences in verdicts explicable on a rational basis. Crown entitled to lead evidence to show actual supply - Drugs Misuse & Trafficking Act 1985 ss.25(1), 29. Knowingly concerned in importation of trafficable quantity heroin. Admissibility of evidence of complaint pursuant to Evidence Act 1995 ss.66, 108(3)(b) - not limited (s.136) - alleged inconsistencies in evidence properly referred to by trial judge - not unsafe or unsatisfactory - fresh evidence - no significant possibility that jury acting reasonably would have acquitted appellant because of this evidence. PAVY, Errol Peter - CCA, 9.12.97 - 98 A Crim R 396Application for certificate under the NSW Costs in Criminal Cases Act (1967) following successful appeal from conviction for murder. Held, granting certificate pursuant to Costs in Criminal Cases Act 1967 s.2:(i) The mere fact that conviction set aside as unsafe & unsatisfactory does not necessarily mean it was unreasonable to institute proceedings;(ii) It was unreasonable to institute prosecution in circumstances where medical evidence available to Crown not capable of excluding reasonable possibility that applicant shaking baby was not the cause of death. Principal evidence against both was that of an accomplice. WILSON, Thomas Hudson - CCA, Conviction and sentence appeal. Identification evidence; sufficiency of visual identification of assailant who was wearing balaclava that left central area of face exposed - sufficiency of subsequent video identification - sufficiency of directions. Intent to obtain financial advantage by false publication.

Appellant foreign national who arrived at Sydney on flight from Venezuela via Buenos Aires. Corporate crime - 2 charges under s.229(4) and 1 charge under s.564(1) Companies (NSW) Code. Applicant took delivery from 3 co-offenders of 14.3 kg (9.7 kg pure). Future co-operation & undertakings taken into account - 12m pre-sentence custody taken into account. Submitted sentence unduly severe & lacks parity with those passed on co-accused. No evidence led at trial in support of one count - verdicts of not guilty on 4 counts, verdicts of guilty on remaining 7 counts. R v Dodd (1991) 56 A Crim R 451; R v Carey (1990) 50 A Crim R 163; Ahern v The Queen (1988) 165 CLR 87; Tripodi v The Queen (1961) 104 CLR 1 referred to. Parcel which arrived at Sydney Airport from Singapore found to contain 328 grams heroin secreted in coffee jar. SPEDDING, Andrew Douglas - CCA, Conviction and sentence appeal. Argued that inadequate accomplice warnings were given & that failure to accept accomplice's evidence against co-accused rendered the conviction of the appellant unsafe. Recognizance in the sum of

Sentenced to 10y with 7*y NPP backdated to date of arrest. Mc CAULEY, Brian Michael - CCA, Application for extension of time to appeal against sentence. Quantity involved in relation to 3 co-offenders was 21.5 kg gross, equivalent to 14.9 kg pure. - CCA, Conviction appeal.12 x sexual offences committed against 2 complainants (both sisters & both nieces of appellant - 4 x act of indecency; 6 x sexual intercourse without consent; 2 x assault with act of indecency). Held differences in verdicts explicable on a rational basis. Crown entitled to lead evidence to show actual supply - Drugs Misuse & Trafficking Act 1985 ss.25(1), 29. Knowingly concerned in importation of trafficable quantity heroin. Admissibility of evidence of complaint pursuant to Evidence Act 1995 ss.66, 108(3)(b) - not limited (s.136) - alleged inconsistencies in evidence properly referred to by trial judge - not unsafe or unsatisfactory - fresh evidence - no significant possibility that jury acting reasonably would have acquitted appellant because of this evidence. PAVY, Errol Peter - CCA, 9.12.97 - 98 A Crim R 396Application for certificate under the NSW Costs in Criminal Cases Act (1967) following successful appeal from conviction for murder. Held, granting certificate pursuant to Costs in Criminal Cases Act 1967 s.2:(i) The mere fact that conviction set aside as unsafe & unsatisfactory does not necessarily mean it was unreasonable to institute proceedings;(ii) It was unreasonable to institute prosecution in circumstances where medical evidence available to Crown not capable of excluding reasonable possibility that applicant shaking baby was not the cause of death. Principal evidence against both was that of an accomplice. WILSON, Thomas Hudson - CCA, Conviction and sentence appeal. Identification evidence; sufficiency of visual identification of assailant who was wearing balaclava that left central area of face exposed - sufficiency of subsequent video identification - sufficiency of directions. Intent to obtain financial advantage by false publication.

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Sentenced to 10y with 7*y NPP backdated to date of arrest. Mc CAULEY, Brian Michael - CCA, Application for extension of time to appeal against sentence. Quantity involved in relation to 3 co-offenders was 21.5 kg gross, equivalent to 14.9 kg pure. - CCA, Conviction appeal.12 x sexual offences committed against 2 complainants (both sisters & both nieces of appellant - 4 x act of indecency; 6 x sexual intercourse without consent; 2 x assault with act of indecency). Held differences in verdicts explicable on a rational basis. Crown entitled to lead evidence to show actual supply - Drugs Misuse & Trafficking Act 1985 ss.25(1), 29. Knowingly concerned in importation of trafficable quantity heroin. Admissibility of evidence of complaint pursuant to Evidence Act 1995 ss.66, 108(3)(b) - not limited (s.136) - alleged inconsistencies in evidence properly referred to by trial judge - not unsafe or unsatisfactory - fresh evidence - no significant possibility that jury acting reasonably would have acquitted appellant because of this evidence. PAVY, Errol Peter - CCA, 9.12.97 - 98 A Crim R 396Application for certificate under the NSW Costs in Criminal Cases Act (1967) following successful appeal from conviction for murder. Held, granting certificate pursuant to Costs in Criminal Cases Act 1967 s.2:(i) The mere fact that conviction set aside as unsafe & unsatisfactory does not necessarily mean it was unreasonable to institute proceedings;(ii) It was unreasonable to institute prosecution in circumstances where medical evidence available to Crown not capable of excluding reasonable possibility that applicant shaking baby was not the cause of death. Principal evidence against both was that of an accomplice. WILSON, Thomas Hudson - CCA, Conviction and sentence appeal. Identification evidence; sufficiency of visual identification of assailant who was wearing balaclava that left central area of face exposed - sufficiency of subsequent video identification - sufficiency of directions. Intent to obtain financial advantage by false publication.

Appellant foreign national who arrived at Sydney on flight from Venezuela via Buenos Aires. Corporate crime - 2 charges under s.229(4) and 1 charge under s.564(1) Companies (NSW) Code. Applicant took delivery from 3 co-offenders of 14.3 kg (9.7 kg pure). Future co-operation & undertakings taken into account - 12m pre-sentence custody taken into account. Submitted sentence unduly severe & lacks parity with those passed on co-accused. No evidence led at trial in support of one count - verdicts of not guilty on 4 counts, verdicts of guilty on remaining 7 counts. R v Dodd (1991) 56 A Crim R 451; R v Carey (1990) 50 A Crim R 163; Ahern v The Queen (1988) 165 CLR 87; Tripodi v The Queen (1961) 104 CLR 1 referred to. Parcel which arrived at Sydney Airport from Singapore found to contain 328 grams heroin secreted in coffee jar. SPEDDING, Andrew Douglas - CCA, Conviction and sentence appeal. Argued that inadequate accomplice warnings were given & that failure to accept accomplice's evidence against co-accused rendered the conviction of the appellant unsafe. Recognizance in the sum of $1,000 to be of good behaviour for 3y.

,000 to be of good behaviour for 3y.

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Applicant and victim married - turbulent relationship - separated - victim had custody of their 2 children & applicant had limited rights of access - applicant had previous convictions for assaulting victim & breaching domestic violence order, for contravening domestic violence order, as well as convictions for various assault offences. ROBERTS, Peter - CCA, 8.12.97Sentence appeal.3 x supply amphetamine; plus drug offences & driving offences contained in two separate Form 2 documents taken into consideration in sentencing.

FT 12m on 1st count; FT 18m on 2nd count; MT 4*y, AT 1*y on 3rd count.

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.

Appeal allowed: resentenced to MT 1y, AT 2y for attempt rob, 1y FT for BE&S. Received MT 18m, AT 6m for rob with aggravation; FT 6m on each common assault offences. Young offender (16y at time of sentence, 15y at time of offences) - two co-offenders also aged 15y at time of offences - guilty plea - at time of offences, applicant on Griffith remand for similar offence. MILSOM, Robert Norman James - CCA, Crown appeal.2 x aggravated dangerous drive occasioning GBH (blood alcohol concentration not less than 0.192 grams alcohol per 100 ml blood).

Long history of drug abuse - history of re-offending. Sexual intercourse without consent in company (aggravated) - carrying max 20y. Complainant's mouth bitten during commission of offence - respondent's lack of contrition or remorse - sentence manifestly inadequate - Everett v The Queen (1994) 181 CLR 295 & R v Burnett (1996) 85 A Crim R 76 referred to - special circumstances. LEWIS-HAMILTON, Glen Carson - Vict SC, Ct of App, 8.4.97Conviction appeal.3 x rape and 3 x sexual penetration of child between ages of 10 & 16.

Submitted sentence on 3rd count manifestly excessive - reference made to R v Fathers (unreported, CCA, 31.8.94); R v Simpson (unreported, CCA, ); R v Muggeridge (unreported, CCA, 8.10.93). Guilty verdict on 2 sexual penetration counts, and not guilty on one count of sexual penetration and 3 counts of rape. - HC, 20.1.98 - 192 CLR 159; 72 ALJR 339Confessions & admissions - admissibility of - discretion to exclude - right to silence - duty to caution.Appeal allowed: resentenced to concurrent 30m PD on each charge.RADFORD, Gregory Arthur - CCA, 3.12.97Sentence appeal.1 x sexual assault (received MT 3y 9m, AT 1y 3m); 1 x AOABH (received concurrent FT 2y).At time of s.13A application, applicant almost 60y of age.No priors - remorse expressed on many occasions - unstinted support of deceased wife's blood family - record in prison without blemish.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.

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