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Middle Panel Content Area 3. Middle Panel Content Area 4. WILDEJohn Alan AG for NSW v - NSW SC, Price J, Attorney General for the State of New South Wales v Wilde [] NSWSC 14 Ex Tempore Judgment, to be read in conjunction with judgment of Attorney General for the State of NSW v Wilde [] NSWSC Application for continuing detention order for a period of 25 months.

Serious sex offences - long history of committing serious sex offences - likelihood of committing further serious sex offences. Defendant to be detained on an interim basis for a period of 8 months.

MAHMOODDlshad Hamad - HCA, Mahmood v State of Western Australia [] HCA 1 Murder. Evidence - portions of "walk through" video tendered by defence at trial - prosecution objected to tender of whole video - in closing prosecutor invited jury to draw adverse inferences from portions played - trial judge refused to allow defence to re-open case to tender whole of video - whether re-opening ought to have been allowed - whether direction to jury required to overcome prejudicial effects of prosecutor's invitation.

Duty of prosecutor to tender all inculpatory statements - whether prosecutor obliged to tender "walk through" video in whole or in part. Evidence of blood stains in pocket - whether accused had opportunity to respond to blood-stain allegation - whether judge's direction to jury on this point sufficient.

Evidence of blood stains in pocket not put to prosecution witnesses but mentioned by prosecutor in closing - whether judge required to give a Jones v Dunkel direction. DAVIEJeffrey Wayne - CCA, Davie v R [] NSWCCA 2 Conviction appeal. Sexual offences upon child under 10 fellatio, indecent assault, act of indecency. The offences were committed against a 9 year old boy in a toilet. Objections not taken at trial - evidence of complaint - DNA evidence - jury making finding of guilt on one or more counts when considering any other count - whether miscarriage.

TORO-MARTINEZAlejandro Arturo - NSW SC, Hall J, 1. Application of Toro-Martinez [] NSWSC 34 Application for inquiry or referral under s. Struczewski v R [] NSWCCA 8 Sentence appeal. After committing the 3rd offence, he removed 2 motor vehicles from the premises.

Whether error in making finding that offences were planned - partial accumulation of sentences - whether overall sentence manifestly excessive. HANDLEYScott Wallace - CCA, Handley v R [] NSWCCA 5 Sentence appeal. Total sentence of 5y with a NPP of 3y. The 1st offence involved the him taking some electrical equipment. He was busy removing a plasma TV during the the 2nd offence when he was disturbed by the owner of the premises returning home.

The applicant's fingerprints were found at both residences. He had used a stolen vehicle to commit the offences. The victim of the demand property with menaces offence was the applicant's aging mother. When arrested, the applicant declined to speak to police about the offences.

Pre-sentence report ordered but not obtained - accumulation - whether overall sentence excessive. DANIALFawzieh Nona - CCA, Danial v R [] NSWCCA 15 Sentence appeal extension of time. Import marketable quantity heroin. The applicant arrived at Sydney Kingsford Smith Airport on a flight from Vietnam. Customs officers conducted a frisk search of her person, which indicated some solid objects near her groin area. The packages were found to contain grams of heroin with a pure weight of The applicant entered a guilty plea.

She said she only agreed in order to make some money because her husband was a pensioner. Pre-sentence custody - willingness to facilitate course of justice - whether sentence excessive. NGATIJohn Walsh - CCA, Ngati v R [] NSWCCA 3 Conviction and sentence appeal. The victim suffered minor injuries. There was no evidence that the appellant landed any blow to the victim.

The appellant claimed that he did not enter the house. The jury was instructed to convict the appellant if satisfied that the appellant had entered the victim's house.

Majority verdict - Black direction given - whether error in directions - whether appropriate to disclose voting figures - whether verdict unreasonable - whether sentence excessive.

Jovanovski v R [] NSWCCA 9 Application for leave to appeal against decision by the NSW DC to deny access to certain documents. The appellant sought access to documents from a counselling centre relating to the complainant.

The complainant claimed there was no legitimate forensic purpose for access to those documents. The appellant claimed that information in the documents went to the complainant's credit. Whether incorrect test was applied in withholding access to documents. Application for leave to appeal refused.

BOU-ANTOUNChaoki - CCA, 1. Bou-Antoun v R [] NSWCCA 1 Sentence appeal. He asked whether the cellmate knew anyone who might perform the killing. The cellmate said that he would make enquiries, however he reported the matter to authorities.

Findings - threatened use of violence an aggravating feature - offence part of organised criminal activity - entrapment - failure to give discount for guilty plea - whether sentence manifestly excessive. Rutkowskyj v R [] NSWCCA 10 Sentence appeal. On 3 separate occasions at a dance party, the applicant sold ecstasy tablets to undercover police. The applicant refused to name his supplier. He pleaded guilty at the earliest opportunity. Whether sentence manifestly excessive.

HUYNHThi Thu Trang - CCA, 8. R v Huynh [] NSWCCA 16 Crown appeal. The respondent arrived at Sydney Kingsford Smith Airport on a flight from Vietnam. Federal Police officers took her to hospital where a CT scan revealed 4 foreign objects in her lower intestine.

Over the following hours she passed these objects, which were found to contain a white powder. Subsequent analysis revealed Offence committed to reduce gambling debts. Whether sentence manifestly inadequate - conduct undertaken for reward in order to reduce gaming debts - erroneous finding of duress - overestimation of mitigatory factors.

Pellegrino v DPP Cth [] NSWCCA 17 s. Dishonestly obtain property belonging to a Commonwealth entity; Count 2: It was subsequently seized by police. The container had been reported to Customs to contain PVC electrical tape, however, upon being searched it was found to contain boxes of cigarettes. Pellegrino filed a notice of motion in the DC seeking a permanent stay in relation to Count 1.

This motion was dismissed. BURRELLBruce Allan - NSW SC, Kirby J, 8. R v Burrell [No. The prisoner was found guilty of the murder of an elderly widow. The prisoner had borrowed money from the deceased and when she asked him to repay it, the Crown alleged that he murdered her.

The body of the deceased has never been found. R v Burrell [] NSWSC Sentenced to 28y with a NPP of 21y. AYTONDarren Lee - CCA, Ayton v R [] NSWCCA 13 Sentence appeal extension of time. Maliciously inflict GBH whilst in company. Whether sentence excessive - mental illness - general deterrence - special circumstances - parity. ALLENSam David - CCA, 8. Allen v R [] NSWCCA 11 Sentence appeal.

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All offences involved the same victim. Accumulation of sentences - whether total sentence excessive. NGUYENCuu - CCA, Nguyen v R [] NSWCCA 22 Conviction appeal. Cultivate large commercial quantity cannabis.

The principal organiser of the plantation was an Italian male who was assisted by a Vietnamese female associate.

The appellant claimed that at first he did not know that it was marijuana that was being cultivated. The trial judge refused to leave duress to the jury. Duress - whether threat directed towards procuring commission of offence - whether threat sufficiently imminent - whether appellant voluntarily joined illegal enterprise - whether miscarriage of justice. SHERIDANGeoffrey Gordon - CCA, 5. Sheridan v R [] NSWCCA 14 Sentence appeal. Aged 35 - guilty plea - significant planning - drug use - extensive record - on parole at time of offending.

Whether sentence manifestly excessive - whether undue weight given to goods in custody offence - Judicial Commission statistics - comparative sentences for similar offences. SCICLUNAStephen Joseph - CCA, Scicluna v R [] NSWCCA 24 Sentence appeal. Commercial premises occupied in part by a bank were broken into.

There were 2 other security cameras in other positions, but neither had a view of the ATM. Parity - co-offender's sentence suspended to enter Drug Court programme - whether relevant comparison. IRWINScott Anthony - CCA, Irwin v R [] NSWCCA 7 Sentence appeal. These offences were committed in various suburbs of Sydney over a period of 2 months.

After committing the last of these offences the applicant went to Queensland where he committed a number of similar offences.

He was in custody in Queensland on a continuous basis for almost 1y 9m. Whether sentence excessive - totality - discount for acknowledging previously unknown guilt. Appeal allowed in part: HAINESLloyd - CCA, Haines v R [] NSWCCA 12 Sentence appeal.

Total sentence of 3y 11m with a NPP of 3y. The 2nd offence was committed at a house. The occupants of the house were awoken in the early hours of the morning by their dog barking. A CCTV camera at the front of the house showed the applicant committing this offence with another offender. It was shortly after this that the Form 1 offences were committed. Whether sentence excessive - special circumstances - accumulation - totality. Appeal allowed insofar as correction made to expiry date of NPP.

PAGEPatrick John - CCA, Page v R [] NSWCCA 26 Sentence appeal. Aggravated drive causing death; drive whilst disqualified. The applicant, while driving a stolen vehicle, was being chased by a police officer on a motorcycle when the stolen vehicle slammed into the side of a car, killing the front passenger.

The stolen vehicle had been travelling at 65kph in a 50kph zone. Contributory negligence - onus of proof - whether sentence manifestly excessive. R v SC [] NSWCCA 29 Crown appeal. Attempt possess trafficable quantity prohibited import cocaine. A controlled delivery was subsequently conducted. Although the respondent took delivery, there was no direct evidence that he was aware of the weight of the drugs.

The respondent's role protected the identity of the end-dealer. The pure amount of cocaine was DELFINORaymond Joseph - CCA, Delfino v R [] NSWCCA 18 Sentence appeal.

Knowingly take part in cultivation of commercial quantity cannabis plants guilty plea.

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Inthe applicant knowingly took part in the cultivation of cannabis plants on a property. A number of other persons participated in that cultivation, some of whom took part in a much larger cultivation of cannabis plants on the same property during The applicant did not take part in the cultivation. Whether sentence excessive - parity. FIELDNorman Steven - NSW SC, Howie J, R v Field [] NSWSC 85 Judgment. Field was charged with the murder of his mother.

Following a trial by judge alone, he was found not guilty of murder on the grounds of mental illness. The killing occurred at a time when Field was undergoing an episode of his mental illness, during which time he had a delusional belief that his mother was trying to poison him. A report by a psychiatrist noted that his illness was 'generally treatment resistant'.

The psychiatrist went on to state: He requires long term psychiatric support and supervision. Defence of mental illness - consequential orders where accused acquitted on grounds of mental illness.

VERAClaudio - CCA, R v Vera [] NSWCCA 33 Crown appeal. The quantity of methylamphetamine found by police at the respondent's home following the execution of a search warrant was The Crown case relied upon the deeming provision s. There was uncontroversial evidence that the respondent had been a heavy drug user for many years. It was also common ground that nothing was found during the search of the respondent's premises pointing to his involvement in the actual supply of the drug.

AYLESRaymond Frederick - HCA, Ayles v The Queen [] HCA 6 On appeal from the SC of South Australia. For more than 15 months in the s, the appellant, a parish priest, sexually abused a 15 year old boy. The boy's parents reported the appellant to church authorities in after they intercepted a sexually explicit letter he sent to their home. The charges were heard by a judge, sitting without a jury. The date marking the conclusion of the period within which the offences were alleged to have occurred was amended during the course of the trial.

The appellant was sentenced to 4y with a NPP of 2y. Admission to an offence outside the dates stated - whether trial judge has power to amend statutory provision without application by parties - s.

BROOKESAlexandria - NSW SC, Fullerton J, State of New South Wales v Brookes [] NSWSC Judgment. Application for interim detention order for a period of 28 days. Serious sex offences - imminent release - 12m sentence for failing to comply with reporting obligations under Child Protection Offenders Registration Act to expire on COWENDarlene Eleanor - NSW SC, Buddin J, R v Cowen [] NSWSC Remarks on Sentence.

Accessory after the fact to murder; concealing a serious offence. Rural fire officers found the bodies of a couple in burnt-out fuel drums near Nowra. VEALEJohn David - CCA, Veale v R [] NSWCCA 23 Sentence appeal. The offensive weapon was a piece of PVC tubing.

Special circumstances - finding that criminal record an aggravating feature - guilty plea - whether error in discount - finding that victim vulnerable - applicant's medical condition - protective custody - whether sentence excessive. STARMERDavid - CCA, Starmer v R [] NSWCCA 27 Sentence appeal. Conspire to import trafficable quantity cocaine. Pre-sentence custody - practice of backdating sentence. HADSONNeville Francis - NSW SC, Fullerton J, Attorney General for the State of NSW v Hadson [] NSWSC Judgment.

Application for extended supervision order. Order made that defendant be subject to an extended supervision order for a period of 5 years. IVIMYJames Percy - CCA, Ivimy v R [] NSWCCA 25 Sentence appeal. Total sentence of 11y with a NPP of 8y 3m. The applicant pleaded guilty to the above offences. Whether sentences manifestly excessive - whether double counting - health issues. AJO v R [] NSWCCA 28 Conviction and sentence appeal.

Multiple sex offences, some with person under 16 indecent assault, carnal knowledge, sexual intercourse without consent. Total sentence of 9y 3m with a NPP of 5y 3m. Four separate victims - multiple offences extending over 20 years. Time limitation for prosecution pursuant to now repealed s.

Total sentence of 9y 3m with a NPP of 5y 3m remains unchanged. KENNEDYJames Anthony - CCA, Kennedy v R [] NSWCCA 21 Sentence appeal. Assault; maliciously inflict GBH with intent. The applicant violently assaulted his de facto partner. As a result of the attack, the victim suffered severe physical injuries. The applicant suffered from schizophrenia. Without his medication, the applicant began experiencing auditory hallucinations.

This eventually culminated in him assaulting the de facto. The applicant gave various reasons why he had not obtained replacement medicine. The sentencing judge found that the applicant's state of mind was induced by his failure to take his medication, such that his 'psychological status was of his own default'.

Findings - psychological condition - sentencing discretion - whether sentence excessive. GHANEMMohammed - CCA, 8. Ghanem v R [] NSWCCA 4 Sentence appeal. DOVan Nghiem - CCA, DO v R [] NSWCCA 34 Sentence appeal. Supply commercial quantity methylamphetamine. LANGBEINMark - CCA, Langbein v R [] NSWCCA 38 Conviction and sentence appeal. The applicant sexually abused his stepdaughter over many years, starting when the child was either 6 or 7. B v R [] NSWCCA 35 Conviction appeal extension of time. Supply commercial quantity heroin.

He was released on bail. He was arrested in February The Act was amended in by the Drug Misuse and Trafficking Amendment Act which reduced the commercial quantity of heroin from 1kg to g. The Crown altered the indictment to charge the appellant with a s. KLUSKAMartin Ludwig - NSW SC, Michael Grove J, 6. In the matter of an Application by Martin Ludwig Kluska pursuant to Schedule 4 of the Crimes Sentencing Procedure Act [] NSWSC Application for redetermination of life sentence.

Murder Life sentence for offence committed in prior to legislation altering effect of such imposition. Application for determinate sentence refused but non parole period fixed at 22y. CLAREWilliam Thomas - CCA, Clare v R [] NSWCCA 30 Sentence appeal. Total sentence of 25y with a NPP of 18y 9m. The victim in both offences was a little boy aged 3y 10 months.

The offender said he applied a volt current to the boy's chest "like a heart-starter" in an effort to revive him. But this attempt to "jump-start" the boy's heart could have killed him, the jury heard. Totality - setting of NPP - special circumstances - whether total sentence manifestly excessive - whether should be concurrent with previous sentence imposed for related offence. NPP on count 2 reduced. New NPP on count 2 set at 15y 9m.

CLARKEAllan Clifford - CCA, Clarke v R [] NSWCCA 36 Sentence appeal extension of time. The applicant was tried on a charge of murder. The jury returned a verdict of not guilty of murder but guilty of manslaughter. The applicant's daughter had a heated discussion with the deceased, after which she went to her father's home. The applicant killed the deceased with a single thrust of the knife to his chest. Provocation - whether sentence excessive. SPRUILLRichard - CCA, Spruill v R [] NSWCCA 39 Conviction appeal.

Malicious wounding with intent to do GBH. The victim had phoned when the appellant began to threaten her but had dropped the receiver to the floor. Much of what happened was recorded on tape. Whether presumptive evidence of blood stains should have been admitted - whether direction on unreliability under s. MOHAMEDElyas - CCA, 5. Mohamed v R [] NSWCCA 45 Conviction appeal. Aggravated kidnapping; robbery in company. Joint indictment of 3 co-accused. Whether verdict for robbery in company charge unreasonable - whether jury should have been directed in relation to alternative non-aggravated count - whether trial judge required to summarise all evidence for jury in summing-up.

ZIHAGabor - NSW SC, Barr J, R v Ziha [] NSWSC Remarks on Sentence. The deceased was asleep when the offender attacked him. The offender also wounded his ex-wife during the attack. Partial defence - substantial impairment by an abnormality of mind arising from an underlying condition.

Sentenced to a total of 24y with a NPP of 18y. DAVISJason Russell - NSW SC, Mathews AJ, R v Davis [] NSWSC 55 Remarks on Sentence. The 73 year old deceased was stabbed 3 times when he interrupted the offender during a burglary of his flat. A post mortem revealed that for some time the deceased had been suffering from chronic heart disease.

Aged 26 - 'appalling'record, including crimes of violence. Sentenced to 24y with a NPP of 18y. LANGJason Craig - CCA, 4. R v Lang [] NSWCCA 41 Crown appeal under s. Order staying prosecution on alternative count quashed. HUGHESJames Allan - CCA, Hughes v R [] NSWCCA 48 Sentence appeal. Dangerous drive causing death. He was accompanied by his 18 year old partner who was 3 months pregnant. The applicant climbed out of the vehicle, which then became engulfed in flames.

He tried unsuccessfully to pull his partner from the vehicle. Analysis of a blood sample taken from the applicant at a hospital revealed that at the time, the applicant was under the influence of cannabis to the extent that his driving ability would have been impaired.

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The concentrations were such that pharmacological opinion was that the usage of cannabis had been 'recent'. Aged 32 - guilty plea - remorse - prospects of rehabilitation - whether sentence excessive. WIGGINSSandra Elsie - CCA, Wiggins v R [] NSWCCA 19 Sentence appeal.

Armed robbery; detain for advantage.

Total sentence of 6y with a NPP of 3y. The applicant stood by the roadside, pretending to offer sexual services. Both offenders told him that they did not wish to hurt him, just to take his money. They demanded his bankcard but he persuaded them not to take it. They made him drive them to an ATM to withdraw cash. On the way, the victim said that something had fallen off the van. The co-offender left a fingerprint on the van. TODOROVICAleksandra - CCA, R v Todorovic [] NSWCCA 49 Crown appeal.

Total sentence of 2y with a NPP of 1y to be served by way of PD. The respondent was the accounts manager in a small company. Her duties included the transfer of funds out of the company's bank account at the National Australia Bank by use of on-line internet facilities.

The respondent used the on-line facilities to transfer funds from the company's account into her own personal bank account. She committed the 1st offence less than 4 weeks after commencing employment with the company.

MATTHEWSShaun Harvey - CCA, R v Matthews [] NSWCCA 54 Crown appeal. Aggravated BE and commit serious indictable offence armed robbery, in company. This was a 'home invasion'type offence. Joint criminal enterprise - guilty plea. Whether sentence manifestly inadequate. MACIUKLuke - NSW SC, Barr J, R v Maciuk [] NSWSC Remarks on Sentence.

The accused killed his father by slitting his throat. Psychotic delusions - heavy cannabis use. Not guilty by reason of mental illness. WELLSAngela - NSW SC, Michael Grove J, R v Wells [] NSWSC Remarks on Sentence. Accessory after the fact to murder. The deceased was a friend of the offender. COMPTONChristopher Leigh - NSW SC, Studdert AJ, 7.

R v Compton [] NSWSC Remarks on Sentence. The offender was charged with murder. He pleaded not guilty to murder but guilty to manslaughter. The deceased was a 17 month old baby girl. It was concluded that this injury was the direct cause of death. The offender was in a de facto relationship with the deceased's mother at the time of the baby's death.

The deceased's mother had 2 other children from previous partners. Amphetamine addiction - drug-related paranoid psychosis.

Sentenced to 9y with a NPP of 6y 9m. WINTERSChristopher Paul - NSW CA, Winters v Attorney General of NSW [] NSWCA 33 Application for continuing detention order. Serious sex offender - Requirements of s. CRAMPJohn Robert - CCA, 4. Cramp v R [] NSWCCA 40 Sentence appeal. The offences were uncovered following a police audit. He then provided the 12 firearms to the NSW Police ballistics section for test firing. The applicant was in possession of a further 2 pistols used in his security business, neither of which was identified in his application.

Aged 59 - guilty plea - no priors. Whether conviction carries extra-curial punishment - stock options backdating s. BLUNDELLPaul John - CCA, Blundell v R Cth [] NSWCCA 63 Sentence appeal. Total sentence of 18m with a NPP of 9m. All offences were committed over a period of a few months. They obtained funds from those clients for the payment of premiums but failed to remit the funds to the insurance company, rather, diverting the funds into a business or personal account.

Clients who believed that they had insurance cover were in fact uninsured. The brother was sentenced to 18m with a NPP of 6m. Aged 38 at time of offending - guilty pleas - minor criminal history involving driving offences. Principle of parsimony - whether sentences excessive.

TMTW v R [] NSWCCA 50 Sentence appeal. Total sentence of 6y with a NPP of 4y. RODDENMathew James - CCA, Rodden v R [] NSWCCA 53 Conviction appeal. Total sentence of 8y with a NPP of 5y. The complainant is the daughter of the applicant's de facto. Aged 40 at time of appeal. Delay in complaint - tendency evidence - relationship evidence - admissibility - inadequacy of directions - whether miscarriage of justice. MUNDINEKeenan - CCA, R v Mundine [] NSWCCA 55 s.

PEREZJorge - CCA, 6. Perez v R [] NSWCCA 46 Sentence appeal. The applicant committed the offences upon the young daughter of family friends.

Longman direction - delay up to 4 years - relevance of length of delay to content of warning - Markuleski direction -Rule 4 - whether inconsistent verdicts - whether error on sentence 'statutory ratio. Sentences restructured, resulting in a total sentence of 7y with a NPP of 5y 3m. R v Carruthers [] NSWCCA 59 Crown appeal. Aggravated dangerous drive occasioning GBH. Sentenced to 2y 2m 29d with a NPP of 1y 8m 7d to be served by way of PD. The respondent's vehicle collided with a motorcycle.

OKUMUBernard Laboke - NSW SC, Barr J, R v Okumu [] NSWSC Judgment. The accused killed his wife by striking her to the head with a hammer. Defence of mental illness. WOODROFFE-HILLMatthew James - NSW SC, Barr J, R v Woodroffe-Hill [] NSWSC Judgment. Accused killed his step-grandfather by stabbing him with a bayonet.

He then decapitated the body. Delusions - bizarre behaviour. FROSTPeter - NSW SC, Barr J, R v Frost [] NSWSC Remarks on Sentence. The offender strangled his wife after she proposed taking how to get quick gil in ff13 9 year old daughter to the Philippines in order to sell her into prostitution. Guilty plea - provocation. ALRAMADANRafid Ghani - CCA, Alramadan v Director of Public Prosecutions NSW No.

Application to set aside or vary order within 14 days fx options and structured products download pdf entry of judgment - Criminal Appeal Rules r 50C 2 - power of Court to reopen appeal "as if the order had not been entered" - reopening where orders not entered - criteria to be satisfied to justify reopening - misapprehension of fact or law materially affecting judgment in the appeal - further evidence - proposed reopening appeal to remedy deficiency in material presented at hearing.

AK v The State of Western Australia [] HCA 8 On appeal from the SC of WA. CRIBBJohn Ernest - NSW SC, Adams J, 7. Cribb v R [] NSWSC Application for redetermination of life sentence. The offences were committed whilst the applicant was on parole for armed robberies. SWANSSONDavid Anthony - CCA, buy or sell pfizer stock Swansson v R Cth [] NSWCCA 56 Conviction appeal.

Deficiency of evidence as to requisite guilty mind - whether verdict of guilty unreasonable. AE v R [] NSWCCA 52 Conviction appeal.

CORBETTAndrew Charles - CCA, 4. R v Corbett [] NSWCCA 42 Crown free nse intraday stock tips. CHIDGEYDylan - CCA, Attorney On which trading venues trading binary options for NSW v Chidgey [] NSWCCA 65 s.

The Commissioner of Police sought an order that this part of the subpoena be set aside as an abuse of process, on the ground that there was no legitimate forensic purpose in seeking access to those documents. The respondent submitted that the legitimate forensic purpose for production was that the documents contained information that would assist the defence.

The magistrate rejected that there regulations regulated binary option brokers uk a legitimate forensic purpose in the terms identified by the respondent, but determined that there was another legitimate forex trading weekly advice purpose in allowing the respondent to ' check that there has been compliance with form 'in the issuing of the Controlled Operations Authorities.

HORTONGarry Edward - CCA, Horton v R [] NSWCCA 72 Conviction and sentence appeal. The appellant pleaded guilty to the above charge, which appeared as an alternative count on the indictment.

However, after conviction, but prior to sentence, the complainant retracted his allegations against the appellant to the extent that he had originally asserted that the sexual activity between them was non-consensual. Whether conviction on basis of guilty plea ought to be quashed. TRUDGETTMichael Beverley - CCA, Trudgett v R [] NSWCCA 62 Conviction appeal.

The complainant attended a party hosted by the appellant in the backyard of his residence. The complainant was never asked to 1 binary option robot crack broker the person who committed the offence either by photograph or an identification parade or in court.

At trial, there was no dispute that the complainant had been sexually assaulted. The only matter in dispute was whether the appellant was the offender. ALIAshiq - CCA, Ali v R [] NSWCCA 60 Sentence appeal. Parity - whether sentence manifestly excessive. SMITHNathan Paul - NSW SC, Hulme J, 7. R v Smith [] NSWSC Remarks on Sentence. A post mortem examination revealed a fracture to the back of his skull.

The attack was unprovoked. SHAWJason Robert - CCA, Shaw v R [] NSWCCA 58 Sentence appeal. While intoxicated, the applicant went to the house where forex pamm system victim was staying.

He said his intention was to see his son. He then struck her with a clenched fist to the area above her left eye. In all, he punched the victim 3 anomaly market stock 4 times in the head.

LENATIChristopher John - CCA, R v Lenati [[ NSWCCA 67 Crown appeal against sentence. Discount for undertaking to give assistance to authorities - failure to fulfil undertaking - whether sentence manifestly inadequate. R v Stavropoulos [] 60 seconds strategy binary options 68 Application for costs by respondent following the unsuccessful Crown appeal of 7.

Failed appeal - whether s. Application by respondent for costs dismissed. KT v R [] NSWCCA 51 Sentence appeal. The deceased, who came to Australia as a refugee with his family some months earlier, had thrown a drink bottle at the back of the car after KT threw an egg at him. KT then confronted the deceased, punching him in the jaw so hard the deceased fell to the ground, cracking his head on the pavement. Aged 16 at time of offence - guilty plea - no priors.

KERRLewis Arthur - CCA, 6. Kerr v R [] NSWCCA 44 Sentence appeal. The applicant was a farmer with a number of properties. Police executed a warrant on one of these properties. Adjacent to the house was a locked shed, earn money cash farmville 2 of which was a coolroom used as a "sophisticated hydroponic setup" where a number of cannabis plants were growing.

There was also a large gas powered lamp. Suspended from the ceiling were lengths of bailing wire. Outside the chicken shed, police noticed black polypipe running from the creek.

Polypipe drip lines fed water to each pro-forexinform. The area was covered with bird netting. Altogether cannabis plants were found during the search count 1. While looking for buried items on the property, police found 16 grey litre plastic drums with screw top lids.

Within 4 of the drums there were sealed bags containing what was later found to be cannabis heads. The combined weight of the cannabis was PHILOPOSRaouf Maurice - CCA, 1. Philopos v R [] NSWCCA 66 Conviction and sentence appeal. Total sentence of 12y with a NPP of 8y. During the evening, the appellant took his young son, who was suffering creation of us stock market futures/fair value severe asthma attack, to the emergency ward at Westmead Children's Hospital.

In the early hours of the following morning, the boy was transferred to a room with 2 beds. The appellant arranged for a chair-bed for himself so that he could stay the night beside his son. A woman occupied the other bed, which was divided off by a drawn curtain. After some time, the appellant sexually assaulted the woman. Whether fit to be tried - no application made by defence counsel - legal representation - how to make wwe money inthe bank briefcase instructions from appellant - application by defence counsel for leave to withdraw - whether trial judge erred by refusing to grant adjournment for appellant to obtain other legal representation - whether florin iacob forex of legal representation resulted in miscarriage of justice.

LEACHBenjamin Anthony - CCA, 1. Leach v R [] NSWCCA 73 Sentence appeal. The applicant was woken by his 7 week-old daughter crying. She did not stop crying after being fed. The applicant sat on her, which caused her to stop breathing. In the barclays stockbrokers telephone number he performed CPR on the baby. In sentencing, 2 prior assaults on the baby were taken into account.

FORRESTMark Allan - NSW SC, Studdert AJ, 4. R v Forrest [] NSWSC Remarks on Sentence. After a bit of an altercation, the offender stabbed the deceased a number of times. The fatal wound was that inflicted to the abdomen. APT -NSW SC, Studdert AJ, 4. R v APT [] NSWSC Remarks on Sentence. Following a trial in which the offender was charged with murder, the jury returned a verdict of not guilty of murder but guilty of manslaughter. The deceased was the victim of a savage attack that took place on the footpath beside Wyong Road, Killarney Vale early in the morning.

He was taken to hospital by ambulance but was pronounced dead on arrival. The Crown case was that the offender was one of 3 participants in the attack upon the deceased, one of whom was Wade John Willmot who pleaded guilty to murder for his participation in the attack. The jury acquitted the 3rd male. Aged 19 at time of sentencing - special circumstances. NAJEMMark Dean - CCA, 6. R v Najem [] NSWCCA 32 Crown appeal. Effective total sentence of 6y with a NPP of 3y sentence partially accumulated.

Police were aware that certain business premises were to be targeted by the owner of another company. Armed how to earn smoola in magic piano cheat a fully loaded semi-automatic pistol, the respondent entered a rooftop carpark above the premises, while one co-offender remained in his vehicle. ELZAKHEMGabriel - CCA, 6. R v Elzakhem [] NSWCCA 31 Crown appeal.

Total sentence of 18y 7m with a NPP of 9y 1m. The respondent was the owner of a company selling hairdressing products. During the attack a shot was fired at an undercover police officer posing as an employee. WILSONKirrlie Shane - NSW SC, Howie J, 4. R v Wilson [] NSWSC Remarks on Sentence.

Killing during the course of armed robbery. THOMPSONJohn Frederick - NSW SC, Hoeben J, R v Thompson [] NSWSC Remarks trading forex on margin on rom-srl Sentence.

Murder of partner after night of drinking. MITCHELLBeau-Steven - NSW SC, Howie J, R v Mitchell [] NSWSC Remarks on Sentence. The 73 year old deceased died as a result of being bashed to the head with a hammer. His unit was then set on fire. The offender said that he attacked the deceased after waking from an intoxicated sleep to find himself in a state of undress with the deceased giving him unwanted oral sex.

JUKESLacy Lee optionshouse equity paper trading NSW SC, Hoeben J, R v Jukes [] NSWSC Remarks on Sentence. Appeal against order for cancellation of suspended sentence. She also breached her GBB by failing to comply with directions from the Probation and Parole Service for counselling. IE v R [] NSWCCA 70 Sentence appeal.

Sentenced to a total of10y with a NPP of 5y, with a recommendation that parole not be granted unless applicant completed a sex offender programme. The offences occurred in the Westfield shopping centre at Hurstville. The complainant was a 15 year old student who had a part-time job within the centre.

The offences occurred within the fire escape. The co-offender threatened to throw the complainant down the stairwell if she did not comply with his demands. The applicant was aged 16 years 5 months at time of offences. Consideration of sentencing principles applicable to juveniles - whether youth constituted an objective feature of the offences - whether sentence manifestly excessive.

SZETOGordon Francis Chang - NSW SC, Howie J, R v Szeto [] NSWSC Judgment. Trial by judge alone. The accused also had delusions of being under the surveillance of greenslade taylor hunt livestock market. The accused was subsequently diagnosed with acute paranoid schizophrenia. Defence of mental illness - acute psychotic illness - severe delusional state of mind.

Subject to provisions of Mental Health Actaccused to be detained in a correctional centre until released by due process of law. ADAMSSteven - HCA, Adams v The Queen [] HCA 15 On appeal from the SC of Victoria. Appeal why is the stock market considered to be leading indicator severity of sentence.

Import commercial quantity MDMA ecstasy. The appellant, a United States citizen, was charged with the above offence following the interception by authorities of containers shipped to Australia from overseas. The prohibited imports consisted of For his part in the importation, the appellant was to receive a free holiday. WC v R [] NSWCCA 75 Sentence appeal. Multiple counts of sexual assault upon a child. No factual details of offences stated, except that child was aged 8.

The commencement of the sentences provided for partial accumulation on sentences previously imposed for similar offences. Need to adjust commencement date for above sentences having regard to successful appeal in other sentence proceedings. ZAMMITEdward David - NSW SC, Howie Estrategia muy rentable forex, 9.

R v Zammit [] NSWSC Remarks on Sentence. The offender pleaded guilty to the above charge. The deceased was the offender's de facto partner. She admitted that these accusations were true. The offender told the ex-partner to leave. This resulted in the deceased falling into a bench top, hitting her ribs. The following morning the offender again assaulted the deceased. The deceased had great difficulty in breathing. She died from her injuries a few days later. Aged 55 - heavily addicted to alcohol - long history of offending - priors include offences of violence - previous how does seeking alpha make money. McGUINESSCheryl Christine - CCA, McGuiness v R [] NSWCCA 80 Sentence appeal.

The applicant pleaded guilty to the above offences, each relating to her having been in receipt of the 'partner allowance'without disclosing that she was in part-time employment.

The offender's husband was sentenced for failing to declare the offender's income. SYEDSamiul - CCA, 4. Robbery in company - 1y 10m with a NPP of 1y 3m. Robbery in company - 1y 8m with a NPP of 1y 3m. Accessory before the fact to robbery - 15m with a NPP of 10m. Culpability of each offender Conviction appeals dismissed. GALANTEMark - Qualcomm stock options SC, Adams J, R v Galante [] NSWSC Remarks on Sentence.

Their 2 year 10 month old daughter was in the car at the time. Cannabis user - limited remorse - anti-social personality - limited insight into interpersonal behaviour - no priors - some rehabilitation prospects. Sentenced to 27y with a NPP of 20y. HML; SB; OAE -HCA, HML v The Queen; SB v The Queen; OAE v The Queen [] HCA 16 On appeal from the SC of SA. Sexual offences committed upon a child. This was described in argument as evidence of uncharged acts.

Evidence - similar facts - uncharged acts - relevance - admissibility genuine data entry jobs from home in mumbai applicability of test in Pfennig v The Queen [] HCA 7; CLR - standard of proof - whether uncharged acts must be proved beyond reasonable doubt - directions to jury - application to amend notice of appeal to raise issue of admissibility of evidence.

SINSophorn -NSW SC, Latham J, R v Sin [] NSWSC Application to disqualify on grounds of apprehended bias. Parties to approach Registrar for allocation of fresh hearing date. HEINEAung Wyn - CCA, Heine v R [] NSWCCA 61 Sentence appeal. Detain with intent to obtain advantage. The victim of the offence was the appellant's wife. Mental disorder - assessment of impact on moral culpability - whether sentence manifestly excessive.

MILETICZoran - CCA, Miletic v R [] NSWCCA 74 Sentence appeal. Accumulation - totality - parity in sentencing - whether basis for c# waitforexit example sense of cheats to get money on yoville facebook. CHEAChhengly - CCA, Import marketable quantity border-controlled drug heroin.

The respondents, Cambodian nationals, came to Australia on the same flight, purportedly as tourists. Each had swallowed pellets containing heroin. Featherstone v R [] NSWCCA 71 Sentence appeal. Total sentence of 16y 11m with a NPP of 12y 11m. Offences occurred prior to introduction of the Sentencing Act - whether sentencing practice at date of offending constitutes special circumstances. WRIGHTKevin James - CCA, Wright v R [] NSWCCA 91 Judgment Application to set NPP.

Sentenced to 2y 32w to be served by way of PD. Cancellation of PD order - failure to set NPP. NPP set at 18m. CROOKDarroll Charles - CCA, Crook v R [] NSWCCA 84 Sentence appeal. She believed he was under the influence of drugs. He screamed out, stock brokers in broward county going down and you're coming with me.

I'm going to the kitchen to earnings for binary options trading scams the knife, I'll show ya, I'll show ya.

After more than an hour, he surrendered to police. When the victim returned home, she found that the applicant had caused extensive damage to her home. WATKINSThomas Douglas - CCA, Watkins v R [] NSWCCA 88 Conviction appeal.

Fresh evidence - whether failure to give direction in accordance with Longman -missing documents - prejudice. BLUNDELLRichard James - CCA, Blundell v R [] NSWCCA 92 Sentence appeal. Total sentence of 18m with a NPP of 6m. The brother was unsuccessful in his appeal against sentence.

Although orders were made in Decemberthe judgment was only published on Derrington v R [] NSWCCA 94 Sentence appeal. The applicant arrived in Sydney on a flight from Perth.

During a further search, a package containing white powder was binary options opinions hidden in his anus. Whether error in judge's inference from facts that police had information about the applicant - tender of criminal antecedents - whether sentence excessive Appeal dismissed.

SALAHDror - NSW SC, Johnson J, 4. R v Dror Salah; R v Ezra Salah [] NSWSC Remarks on Sentence. Accessory after fact to manslaughter. Stabbing - excessive self-defence.

Dror Salah -8y 9m with a NPP of 5y 9m. Ezra Salah -3y with a NPP of 1y 11m. BARLOWMelanie - CCA, 6. Barlow v R [] NSWCCA 96 Sentence appeal. The offence was motivated by revenge. The applicant alleged that the victim had sexually assaulted her earlier.

Objective seriousness of offence - availability of suspended sentence as an alternative - whether sentence manifestly excessive. SABAPATHYElvis - CCA, Sabapathy v R [] NSWCCA 82 Conviction and sentence appeal. Sexual ordered phase and nonequilibrium fluctuation in stock market without consent.

The day prior to the offending, the complainant had moved into a granny flat attached to the appellant's home. The appellant invited the complainant to his home for a welcome drink. The complainant became drowsy. The appellant asked if she was sleepy, but she did not respond.

At one point the appellant ejaculated on the complainant's abdomen. The complainant did not consent to any of these acts. Guilty plea - whether attributable to genuine consciousness of guilt - whether integrity of plea affected by misunderstandings - - whether sentence excessive.

KAZZIJohn - CCA, R v Kazzi [] NSWCCA 77 Crown appeal. Total sentence of 8y with a NPP of 6y. Although there was no actual supply involved in one of the charges because the purchasers withdrew from the deal, the judge considered the agreement to supply as objectively serious as an actual supply.

Failure to apply principles in Pearce -failure to separately assess level of objective seriousness for each standard NPP - whether error in taking into account sentence passed on co-offenders - whether sentences manifestly inadequate. HUDSONMichael Peter - CCA, 1. Hudson v R [] NSWCCA 90 Sentence appeal extension of time. Aggravated indecent assault upon child under The offence occurred during the evening.

The applicant was sharing a home with a man who had been out shopping. The following morning the applicant took the children back to their mother.

The applicant was arrested 15 days later. GIBBSChristopher - NSW SC, Rothman J, R v Gibbs [] NSWSC Ex Tempore Judgment on question of jurisdiction. Bail - jurisdiction to grant - applicant serving sentence for other offence - construction of s.

The provisions of sub-s. JACOBSGregory William - NSW SC, Rothman J, R v Jacobs forex jak zarabiac na spadkach NSWSC Ex Tempore Judgment on application for bail.

Applicant charged with murdering his wife by strangulation. The applicant is a partial paraplegic. Medical needs - whether in terms of s. AGW v R [] NSWCCA 81 Conviction appeal. The appellant was tried upon an indictment charging 5 counts of sexual intercourse with a person under the age of He amp futures trading desk found guilty on count 2 by what makes a successful forex trader the appellant's counsel described in written submissions to the CCA as a 'purported The complainant did not give any direct evidence relating to count 2.

The Crown relied upon the evidence of the complainant's sister who, at the time, was married to the appellant. Allegations were made to police in about mid Police enquiry did not confirm an assertion by the complainant that she had earlier told a how much money does a cosmetologist make a month friend about what had happened.

Police took a statement from that person who said that no such complaint had been received. The sister separated from the appellant in when she formed another relationship. Jury unable to agree westfield hurstville christmas trading hours verdict - strict compliance with statutory requirement before majority verdict stock option reporting on 1040 be taken - failure to comply in panasonic breadmaker cash back offer instance.

NEWBURNRonald Neville - CCA, Newburn v R [] NSWCCA 57 Sentence appeal. NOWAKKrysztof - CCA, Nowak v R [] NSWCCA 89 Sentence appeal. During the evening, friends of the applicant were involved in a disagreement with a member of the bridal party. The applicant was holding a ml glass Vodka bottle, which he maintained was still sealed.

As he reached the exit gate, the applicant turned to face the victim who was in close proximity to the bride's father. The glass bottle shattered upon impact with the victim's face. Whether sentence manifestly excessive - whether error in relation to use of various aggravating factors. WOODSDavid George - CCA, Woods v R [] NSWCCA 83 Sentence appeal. The appeal was against the sentence imposed on the 1st charge.

The complainant was aged 14 at the time of the offences. The applicant had originally been charged with 6 offences 4 x aggravated indecent assault, 1 x intimidate with intent to cause fear of physical or mental harm, 1 x alter a document with intent to hinder a police investigation in respect of the aggravated indecent assault. After some time, the complainant left the car, having told the applicant that she would not have intercourse with him.

Aged 35 at time of offending - guilty plea - of good character - unlikely to re-offend - no priors. FERNANDOKurukulasuriya - CCA - 7. Fernando v R [] NSWCCA 97 Conviction appeal. Aggravated indecent assault guilty verdicts ; Count 4: Sexual intercourse with child under 16 not guilty verdict.

The complainant was aged 15 at the time of the offences. The complainant's evidence-in-chief was presented largely by the playing of a pre-recorded videotape of an investigative interview she had with police.

The appellant's business involved massage therapy. It was during the so-called training that the offences occurred. Inconsistent verdicts - whether verdicts on counts unreasonable having regard to acquittal on count 4. GASSYJean Eric - HCA, Gassy v The Queen [] HCA 18 On appeal from the SC of SA.

The deceased was Dr Margaret Tobin, Director of Mental Health for South Australia. Following directions from the trial judge, the jury deliberated, without success, for more than 10 hours. The trial judge suggested that, if invited by the jury, she could suggest ways for the jury to "move forward'The jury requested assistance. The trial judge gave a further direction suggesting how the jury could approach its deliberations.

The jury returned its guilty verdict about half an hour after the further direction. Following conviction, the applicant appealed to the SC. At the applicant's trial, counsel had sought to appear for the applicant in relation only to a voir dire hearing concerning the admissibility of certain evidence, whereupon the trial judge stated that counsel could not appear on the voir dire if counsel did not then represent the applicant for the entire trial.

Further direction - voir dire -whether miscarriage of justice. IBRAHIMMichael - NSWSC, Price J, R v Ibrahim [] NSWSC Remarks on Sentence. Manslaughter by unlawful and dangerous act. The offender who stabbed the deceased has since died. Guilty plea - extended joint criminal enterprise. HUTTONDaniel John - CCA, 1. Hutton v R [] NSWCCA 99 Sentence appeal. Supply commercial quantity MDMA ecstasy.

A police strike force was established to investigate the drug supplying activities of a man named Patterson. Patterson had been supplying drugs to the applicant for the applicant's own use. A person he met in Sydney directed him to a hotel in Randwick where he booked into a room. The applicant was arrested at Sydney airport the following morning. KINGAnthony Patrick - CCA, King v R [] NSWCCA Conviction appeal. Fraud obtain money by deception. The buses, however, did not exist.

The appellant's brother stood trial for the same offence but the jury failed to agree on a verdict in his case. Failure by trial judge to properly identify issues to jury - failure by trial judge to properly put defence case to the jury - whether conviction 'unsafe and unsatisfactory'.

BROOKESAlexandria George -NSW SC, Michael Grove J, Application for extended supervision or detention order. State of New South Wales v Brookes [] NSWSC Application for detention order declined. Application allowed for extended supervision order: Christodoulou v R [] NSWCCA Sentence appeal. Total sentence of 6y 2m with a NPP of 3y 2m During the course of committing the offences, the applicant caused injury to himself by deliberately inserting a syringe containing acid into his arm, causing him to suffer permanent damage to his arm.

Self-harm - extra curial punishment. VERSLUYSLee Thomas - CCA, 3. Versluys v R [] NSWCCA 76 Conviction and sentence appeal. The appellant strangled his de facto.

There was evidence of previous violence inflicted upon the deceased by the appellant. In an interview with police, the appellant admitted strangling the deceased. There was video evidence of him demonstrating to police how he had held the deceased by the throat. The issue at trial was the intent with which the appellant acted when he strangled the deceased.

The defence case at trial was that there was no intention to kill or to cause serious harm. The deceased was a small woman, whereas the appellant is a very large man.

Whether conviction 'unsafe and unsatisfactory'- whether evidence only supported a conviction for manslaughter - whether appellant had intention to kill or cause GBH - whether summing-up balanced - whether offence in middle range of objective seriousness - whether error in imposing standard NPP.

DAVISSteven Roy - NSWSC, Price J, 8. State of New South Wales v Davis [] NSWSC Ex Tempore Judgment. The orders sought included the appointment of 2 qualified psychiatrists to conduct separate psychiatric examinations of the defendant. At the time of the instant application, those appointments had not been arranged. The defendant's current custody will have expired before the application for a continuing detention order is determined. Serious sex offences - Crimes Serious Sex Offenders Act - Mental Health Criminal Procedure Act SPIERSPhillip Ronald - CCA, R v Spiers [] NSWCCA Crown appeal.

The respondent was arrested 8 years after the offences following his confession to his girlfriend, who tipped off police. Aged 32 at time of offences - guilty plea - married at time of offending with 2 small children.

Whether sentence manifestly inadequate - objective criminality - general deterrence. IONATANABen Peniamina - CCA, 1. Ionatana v R [] NSWCCA 95 Sentence appeal.

Finding of special circumstances - diminished prospects of rehabilitation - whether adequate consideration given to applicant's mental health - whether sentence manifestly excessive. WALKERCalvin Glen - NSW SC, Harrison J, R v Walker [] NSWSC Judgment on fitness to be tried. The accused stabbed the deceased once in the back with a knife. The blade of the knife pierced through the lower lobe of the left lung, damaging blood vessels. The deceased subsequently died from these injuries.

The accused had been in a relationship with a woman for a number of years. Prior to the start of that relationship, the woman had had a brief relationship with the deceased. It was alleged that the accused harboured some animosity towards the deceased as a result of that relationship. Unfit to be tried. Order that in accordance with s. DONAITerry Mark - NSWSC, Fullerton J, R v Donai [] NSWSC Remarks on Sentence. The offender was found guilty of helping to suffocate his friend's adoptive parents on 8.

The crime was motivated by greed, with the accused sharing in the adopted son's inheritance. Police initially treated the death of the 2 deceased as accidental when their bodies were found at the bottom of a ravine. The sister of the female deceased always believed that the adopted son was responsible for both deaths. He is currently serving 28y with a NPP of 22y: In sentencing Donai for his part in the murders, the sentencing judge was highly critical of the "forensic ineptitude" of state officials in failing to discover the "unprofessional and amateurish" murders.

Relevant principles concerning application of s. Concurrent sentences of life imprisonment. FISHERGregory Joseph - CCA, Fisher v R [] NSWCCA Sentence appeal.

Total of 9y 10m with a NPP of 7y 4m. The applicant was on bail at the time of the above offences. Guilty plea - born in Whether sentence manifestly excessive - accumulation of sentences - discount for assistance - ill-health - special circumstances.

HOLDENCraig Leslie - CCA, 9. Holden v R [] NSWCCA Sentence appeal. The applicant shared a room with 4 other men at a house owned by the victim, who also lived there. At around noon the next day, the victim went with a friend to a hotel near his premises. The victim's 3 friends witnessed the entire incident. DALTONMathew James - CCA, Dalton v R [] NSWCCA Sentence appeal.

Total sentence of 4y with a NPP of 18m. The offenders ran from the train when it stopped at the next station. The offenders were subsequently arrested. GREENJames Richard - CCA, Green v R [] NSWCCA Sentence appeal.

Total sentence of 3y with a NPP of 2y. The applicant was a senior elder in the Fairfield Seventh Day Adventist Church when he met the victim, a year old girl, through his work with the church. The victim started attending the church when her father married a member of the congregation.

At that time, she had a very unhappy home life. When the victim was in Year 5, she noticed that the applicant was becoming 'quite touchy-feely' with her. Each count alleged that the applicant had sexual intercourse with the victim, without her consent, knowing she was not consenting, in circumstances of aggravation, being that the victim was under the age of 16 years, namely 12 years. KOKAUAJack - CCA, Kokaua v R [] NSWCCA Sentence appeal. Assault with intent to rob. RASOJoseph - CCA, Raso v R [] NSWCCA Conviction and sentence appeal.

Knowingly concerned in the cultivation of a prohibited drug 60 cannabis plants. Suspended sentence of 2y. In April ofa company controlled by the co-accused purchased a house in Eastwood. A month later, police saw the appellant at the house. Police searched official records but could find no person with the alleged tenant's name. The case left to the jury was that either the appellant, like the co-accused, was knowingly involved in the cultivation or the cultivation was entirely the work of the tenant.

Substantial criminal record, including convictions for drug offences. Whether verdict unreasonable - whether sentence excessive. CLARKPeter Frederick - CCA, Clark v R [] NSWCCA Conviction and sentence appeal. The appellant was unrepresented at trial. The appellant was driving along a street when he saw the year-old complainant walking home. The CD contained images of naked boys. The appellant then drove the complainant home. On the way, he asked the complainant to show him his penis.

About a week later, the complainant was in the company of 2 other boys when the appellant drove by. Cross-examination of complainant - whether unrepresented accused should be required to provide written draft of proposed questions about complainant's sexual reputation, experience or activity - court-appointed questioner - whether questioner should remain absent during complainant's evidence-in-chief - whether accused should be required to provide a written draft of questions proposed to be asked in cross-examination before complainant gives evidence - whether miscarriage of justice - data on computer hard drive but 'deleted'- whether retrievable - whether accused knew of its existence or ability to be retrieved - whether correct test for intentional possession applied - whether verdict unreasonable - whether sentence excessive.

Conviction appeal allowed in part: Sentence appeal allowed in part: LOMBARDDaniel DPP v -CCA, Director of Public Prosecutions NSW v Lombard [] NSWCCA Crown appeal.

The respondent stabbed a security guard in the neck outside a nightclub following an earlier altercation between them, in which the respondent had suffered facial injuries. The respondent entered a plea of guilty to the above charge.

Whether sentence manifestly inadequate - tailoring the length of a sentence to permit a favoured order - reliability of cases with similar sentences. SILVANOOliver - CCA, 2. Silvano v R [] NSWCCA Sentence appeal. Murder; assault with intent to rob whilst armed with dangerous weapon; malicious shooting with intent to do GBH.

Total sentence of 22y 4m with a NPP of 17y.

Short Notes

While the applicant was in custody on remand, he was raped while taking a shower, soap having first been rubbed into his eyes in order to protect the perpetrator's anonymity. The sentencing judge accepted that he had lost substantial vision out of that eye. Whether sentence manifestly excessive - whether failure to properly take into account injuries inflicted on applicant whilst in prison - whether failure to give proper weight to applicant's subjective circumstances. COWANGilbert Wolford - CCA, 4.

R v Cowan [] NSWCCA Crown appeal. The sentencing judge imposed sentences for these offences that were subsumed by the sentences for the offences imposed the previous day, except that the NPP was extended by 6m 15d. Whether sentence for one offence adequately reflective of criminality involved in commission of all offences. BERBENLaurens Leonard - CCA, 4. Berben v R [] NSWCCA Conviction appeal. Social Security fraud receipt of age pension while in employment.

The evidence included, in a record of interview with a Centrelink officer, that the appellant was aware that he should disclose his employment to Centrelink. Aged 70 at time of first offence, aged 77 at time of trial, aged 79 at time of appeal. Requisite intent - whether trial unfair because of being unrepresented at trial - whether miscarriage. SLEIMANFadi - CCA, 2. Sleiman v R [] NSWCCA Sentence appeal.

Malicious damage to property. The applicant was the sole director of a vehicle smash repair business. A man took his Mercedes-Benz to the applicant's business in order to have deep scratch marks to its paint-work repaired. The applicant arranged for an acquaintance to inflict damage to the Mercedes-Benz once it was back inside the owner's garage.

STEWARTWade John - NSWSC, Johnson J, 6. R v Steward [] NSWSC Remarks on Sentence. The offender stabbed the deceased several times during a fight.

McLEODAudrey Amazon Anne - CCA, 4. McLeod v R [] NSWCCA Conviction appeal. Maliciously destroy property by fire. She believed that the intended victim had been having an affair with her husband. Error in trial judge's direction excluding accident as a reasonable possibility of the cause of the fire - error in direction that a conclusion inconsistent with guilt must be equally reasonable as that consistent with guilt - whether verdict unreasonable or not supported by the evidence.

NGUYENThanh - CCA, 4. R v Nguyen [] NSWCCA Crown appeal. Dangerous drive occasioning death. The back-seat passenger sustained fatal injuries. The respondent had no recollection of the accident, except for the fact that he had been travelling fast, estimating that it would have been about 80kph. A blood sample taken from the respondent in hospital gave a reading of 0. It was estimated that at the time of the accident, the respondent's blood alcohol level would have been between 0.

YUNGil Bum - CCA, 2. Yun v R [] NSWCCA Sentence appeal. Whether intent to kill alone is sufficient to take offence above the midrange of seriousness - error in using standard minimum NPP as the starting point for fixing a sentence. DU RANDTAmelia - CCA, Du Randt v R [] NSWCCA Sentence appeal.

Dealing in money that was the proceeds of crime. Guilty plea - psychological ill-health - potential to affect subsequent assessment of moral culpability Whether sentence excessive - whether adequate consideration given to applicant's mental health at time of offence.

MORRISStephen Jodey - CCA, 4. R v Morris [] NSWCCA Crown appeal. Total sentence of 7y with a NPP of 4y. Whether sentences manifestly inadequate.

BOULOSMagdi - CCA, 2. Boulos v R [] NSWCCA s. The indictment the Crown proposes to present at appellant's trial contains 10 counts, each charging an offence under s. These charges are different from the charges on which the appellant was committed for trial, which were charges under s.

The Crown case is circumstantial. The ground of appeal was that by reason of a combination of matters, any trial of the appellant on the charges would necessarily be an unfair trial.

KERRMichael - CCA, Kerr v R [] NSWCCA Sentence appeal. Multiple offences of stealing; receiving stolen goods. Total initial sentence of 3y suspended upon appellant agreeing to enter into Drug Court Programme. Did not complete his treatment in the Programme - final sentence of 2y with a NPP of 18m. Guilty pleas - Drug Court Programme - jurisdictional maximum - on parole at time of offences.

R v PB [] NSWCCA Crown appeal. Armed robbery with wounding. The victim, a 20 year old apprentice carpenter, was in his vehicle outside a construction site, waiting for the site to open. The victim managed to hand the wallet to the respondent, who then ran away. Aged 17y 8m at time of offence - Aboriginal - cannabis use - history suggestive of conduct disorder - on bail at time of offending.

Whether sentence manifestly inadequate - juvenile offender - weight given to objective seriousness of offence. CTM v The Queen HCA 25 On appeal from the SC of NSW. The 17 year old appellant was convicted of having had sexual intercourse with the intoxicated 15 year old female complainant. KURUMurat - HCA, Kuru v State of New South Wales [] HCA 26 On appeal from the SC of NSW. They treated the report as a 'violent domestic'By the time they arrived, only the applicant was there, his fiance having left with her sister.

The applicant invited the police inside to look around the flat. Once they had looked around the flat, they remained there. Still they remained on the premises. Despite repeated requests that they leave, the police refused. As he was led downstairs to a police vehicle, he twice fell down the stairs.

At the police station, he was locked in a cell for hours with nothing to wear but his boxer shorts. He was released from custody some hours later. The matter then went to the HC. Whether statutory justification for police to remain on premises - proper construction of ss. Trespass to land - power of police to enter private premises - whether common law justification for police to remain on premises - whether entry could be justified as directed to preventing a breach of the peace.

Matter remitted to the NSWCA. HOPLEYClint - CCA, Hopley v R [] NSWCCA Sentence appeal. After an evening spent at a hotel, the applicant punched the victim twice before departing in a taxi, leaving the victim dying on the ground. Whether sentence manifestly excessive - whether error in finding of fact made concerning offence in aftermath of verdict of jury - whether error in approach taken with respect to hardship to applicant's son.

FOOJeong Ming - NSWSC, Harrison J, R v Foo [] NSWSC Judgment. The accused stood trial for the murder of his baby son. Verdict of not guilty. FARMERRobert Black - NSWSC, Hall J, R v Farmer [] NSWSC Remarks on Sentence. Detain with intent to obtain advantage sexual gratification ; cause GBH with intent to murder; maliciously damage property by means of fire with intent to endanger life.

FERRERArthur - CCA, R v Ferrer [] NSWCCA Crown appeal. He said that he only did this after the victim first stabbed the respondent's hand. SLATERShaun Troy - NSWSC, Adams J, 6. R v Slater [] NSWSC Judgment. The deceased had given the accused a room in his home as the accused had nowhere else to live.

Despite many kindnesses the deceased had shown to the accused, the accused stabbed the deceased to death during a psychotic episode. Schizophrenic basis for defective thinking - need for permanent monitoring of mental health - need for permanently taking psychiatric medication to reduce risk of relapse. RJA v R [] NSWCCA Sentence appeal. Total term of 21y with a NPP of 16y. The complainant is the applicant's own daughter. Two of the counts involved penile penetration, while the remaining count involved digital penetration.

Statutory aggravating factors - age of victim - standard NPP - offences in mid-range of objective seriousness - degree of penetration - risk of reoffending. CARNEYAdam Graham - CCA, Carney v R [] NSWCCA Conviction appeal. The appellant faced trial on 6 counts. The jury returned verdicts of not guilty on 3 of the counts. On the Crown case, there were 2 occasions when the sexual offences occurred.

The offences occurred on a rural property. The 2nd count related to the digital penetration of the complainant's anus. TA'ALAJerome Marjani - CCA, Ta'ala v R [] NSWCCA Conviction appeal extension of time. Total sentence of 47y with a NPP of 38y 6m. A number of people witnessed the killings. On Count 2, NPP reduced to 23y 3m.

FISHERJohn Ian - CCA, Total sentence of 11y with a NPP of 7y. The victims were the 13 year old twin daughters of a woman with whom the applicant had been in a relationship. In respect of each victim, the offences occurred on a single occasion, as part of a continuous course of conduct. Whether uncharged criminal conduct taken into account as aggravating feature - whether sentence manifestly excessive.

BARNESRichard Frederick - CCA, Barnes v R [] NSWCCA Sentence appeal. The applicant at first denied being involved in this offence, however, he was identified by a number of witnesses. HAMMONDStephen Clyde - CCA, Hammond v R [] NSWCCA Sentence appeal. BJR v R [] NSWCCA 43 Conviction appeal. The conviction appeal was against the 2 counts of maliciously inflicting GBH with intent. The victims of these 2 offences were the appellant's infant daughters. The 1st maliciously inflict GBH offence was committed upon his 3 month old infant daughter.

The appellant was the only common link in all the offences. Whether open to jury to draw inference of specific intent. BURTONMichael Anthony - CCA, R v Burton [] NSWCCA Crown appeal. Total sentence of 2y 9m with a NPP of 1y 9m. Domestic violence type offences. All offences committed against the one victim. ARVIDSONElizabeth Karen - CCA, R v Arvidson [] NSWCCA s. Larceny as a clerk; destruction of paper with intent to defraud.

This person gave evidence that in editing the CCTV footage, he had focussed on the movements of the respondent, acting on the assumption that she was the primary suspect. The trial judge found that a jury, on viewing the edited footage, would be likely to give the evidence more weight than it deserved, or the jury would be diverted from its task. He determined that the prejudice of the footage outweighed any probative value, which could not be cured by giving appropriate directions.

Exclusion of prejudicial evidence - whether exclusion eliminates or substantially weakens prosecution case - whether probative value outweighed by prejudice - whether exclusion unreasonable. SOONGrace - NSWSC, Michael Grove J, R v Soon [] NSWSC Remarks on Sentence. The deceased infected the offender with syphilis in the s. In he broke his neck during a sexual encounter with a transvestite, which rendered him a quadriplegic.

This ultimately led her to burning down the house in which the deceased lived, killing him. At the time of sentencing, the offender was aged Partial defence of substantial impairment by abnormality of mind - melancholic or possibly psychotic depression - prior unblemished record. VAN RYSEWYKAnthony - CCA,