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.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.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.Duty of Crown to disclose material affecting credibility of Crown witnesses. BRADSHAW, Wayne William - WA CCA, 13.5.97Conviction appeal. Duty of Crown to disclose material affecting credibility of Crown witnesses - whether duty applied to documents in other proceedings relevant to credit of accomplice witness - whether disclosure would have resulted in different verdict - fresh evidence - whether jury would have acquitted applicant had fresh evidence been given at trial. K - SA CCA, 30.8.91Conviction appeal (two appellants: one male, the other female). Case against female appellant very weak - not much more than her presence on an occasion when male appellant and others were looking at a crop. An appeal from Queensland dealing with the fairness discretion & public policy in relation to confessions. - HC, 9.12.97 - 191 CLR 417; 72 ALJR 116Sexual offences - maintaining unlawful relationship with child - act to be proved to be done on 3 or more occasions - trial proceeded on 'all or nothing'contest between credibility of evidence of child & of accused - jury not instructed same 3 offences committed on same 3 occasions.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).Received 400 hours CSO on each count & disqualified from holding licence for 3y.
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.
Conduct and attitude in gaol regarded as excellent - good prospects of further rehabilitation - family supportive. STEPHENS, Patrick James - NSW SC, Mc Inerney J, Redetermination of life sentence under s.13A Sentencing Act 1989. Applicant placed cyanide into an Orthoxicol capsule and gave it to his wife (a Malaysian woman) who was complaining of a headache, then he set about preparing dinner & approximately half an hour later he discovered his wife was dead.
He then wrapped her in a sheet, carried her outside & buried her in the back yard, emptying lime over the body before filling in the grave.
Lawson & Thapa: appeals allowed; each resentenced to 6y with 3*y NPP. CHURCH, Sharon Marie - CCA, 9.12.97Sentence appeal. Robbery with boyfriend - heroin addicts - guilty plea - first offence - held up jewellery store - rifle - pawned goods for ,000 - full co-operation with authorities. LOMMAHADTHAI, Krong - CCA, Sentence appeal.3 x knowingly concerned in importation of heroin.13y with 9*y NPP. Murder and administer poison with intent to murder.
Guilty plea - involved in organisational & entrepreneurial basis - 3 co-offenders. Sentenced to life for murder charge; 9y for administer poison plus 2 minor matters on a Ninth Schedule.