Guilty plea - respondent sustained injuries in accident, including brain injury - claimed had no recollection of accident - at time of sentencing his drivers licence had been removed in consequence of injuries suffered in accident - a number of previous driving offences, including being disqualified for driving with high range of alcohol.
Appeal allowed: resentenced to concurrent 30m PD on each charge.
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.
Crown contention that deceased was either pushed or forced out of bathroom window of a sixth floor flat which she shared with appellant; or that she fell from window whilst retreating from or avoiding attack; or that having a well-founded apprehension that if she remained in bathroom she would be subjected to life-threatening violence she jumped out of the window to escape.FT 12m on 1st count; FT 18m on 2nd count; MT 4*y, AT 1*y on 3rd count.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.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.