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Held: applicant will not be in a position any more prejudicial if there is a refusal of leave, having regard to the circumstance that any trial judge will in the event be bound by the reserved judgement when it is handed down. In that time she & her sister distributed not less than 10 ozs heroin & deposited ,000 in supplier's bank accounts.
Addict - difficult childhood - guilty plea at earliest opportunity - prior conviction.
Pleaded not guilty - in poor health, suffering from Parkinson's disease - maintained innocence - declined to participate in sentencing proceedings - assistance to authorities. A passer-by came to her rescue & he was kicked in the chest. Accused & wife saw each other during this period & on occasions had sexual relations.
Admitted to long history of armed robberies - already imprisoned for murder - distributed heroin on large scale - paid bribes to corrupt police to avoid consequences of his criminality - gave false evidence in 2 judicial proceedings, one of which was to conceal a murder. A second passer-by came to assist & the applicant was detained until the police arrived. Accused believed their separation was temporary & they would be reconciled.
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.
Applicant was at large at the time of the above offences, having escaped from lawful custody 7 months before. Severity - accomplishments attained since incarceration (furthered education, completed drug & alcohol course). On the day in question, the wife told accused she would not return to him & was going to take their daughter away from him & mistreat her. MT 3m (to date from 17.5.98 & expire on 16.8.98), AT 9m. Respondent had been in custody, bail refused, on 2 occasions (approx 2 months in 1993 & 1 month in 1997).
Search of respondent's premises revealed powder comprising 60.5% heroin & 39.5% sucrose, some bound with tape, some in plastic bags & some in 15 foils similar to those supplied to the man in the car park. Maliciously inflict GBH (s.34(b) Crimes Act; firing firearm in public place (s.93G(1)(b)); 3 further charges taken into account (possess unlicensed firearm; possess loaded firearm in public place; carry or fire firearm in manner likely to endanger safety of another). MT 11m, AT 2y (his Honour finding special circumstances).
Before arraignment, sentencing judge refused application by appellant that counts 9 & 10, based on identical facts, should not be permitted to stand together on basis of double jeopardy.
Both counts alleged inflicting GBH, one count maliciously & with intent to do GBH. Proof of specific intent - partial defence of diminished responsibility - medical condition of depression - evidence of good character - role in criminal trial - relevance to defence of diminished responsibility - evidence not taken into account - error of law - miscarriage of justice - whether verdict supported by evidence - whether substitution for verdict of manslaughter on ground of diminished responsibility. SPYRIDIS, Nicholas - CCA, Conviction and sentence appeal. Sexual intercourse without consent; indecent assault. Crown withheld evidence of earlier complaint on misunderstanding of the law - what course to be taken - delay in complaint - need for Kilby direction in context of Crimes Act 1900 s.405B - need for balanced direction - 'why would complainant lie?
This led to him being charged with the above charges. GATIEN, Paul Anthony - CCA, 9.12.98Conviction appeal. Appellant indicted on 7 counts, 6 were for sexual offences & one was for AOABH.
The judge directed the jury to acquit on counts 1, 2 & 3.
Directions - supporting evidence - complaint evidence. N, P - NSW SC, Graham Barr J, Count 1: manslaughter (originally charged with murder but pleaded guilty to manslaughter). After a fight between the accused's friends & 3 young Aboriginal men outside a shop after the young Aboriginal men had been asked to leave the premises & the accused's friends took it upon themselves to escort them from the shop, the accused armed himself with kitchen knife & accompanied his friends to a park. BOUREL, Alan - CCA, Sentence appeal.2 x knowingly concerned in importation of trafficable quantity methylenediozymethylamphetamine (known as MDA or ecstasy).