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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.
Declined to wear body wire during delivery, declined to give statement to police of what was said, declined to give evidence against co-offender who pleaded not guilty. Appeal allowed: resentenced to concurrent FT of 6m on each offence. Appeal allowed: verdicts, convictions & sentences in respect of counts 1, 3, 8, 9, 10, 11 & 12 quashed, judgement of acquittal entered. Crown case circumstantial - in the particular circumstances trial judge not required to give Peacock direction ( Peacock v The King (1911) 13 CLR 619) - issues sufficiently identified - no miscarriage of justice - verdict not unsafe or unsatisfactory. Crown appeal allowed: pursuant to s.12(2) Criminal Appeal Act, issues identified by s.5(1)(b) Periodic Detention of Prisoners Act 1981 remitted to Smart J as single judge of Supreme Court to determine.Applicant anticipated payment of US,000 for his role. CRISOLOGO, Antonio - CCA - 99 A Crim R 178Conviction appeal & Crown appeal.2 x sexual intercourse without consent (s.61I Crimes Act 1900). Imposition upon Commonwealth (s.29B Crimes Act 1914 (Cth).12m PD. In event of not being satisfied as to such issues, he is to be at liberty to make orders implementing sentence of 2y PD; in the event of any difficulty arising or Smart J not being so satisfied, he is to return the matter to the CCA. FORSYTH, David John - CCA, Conviction appeal.1 x sexual intercourse with child aged between 10 & 16y.First count alleged cunnilingus & jury returned verdict of not guilty; convicted on second count which was allegation of penile/vaginal intercourse.3y PD. Whilst in receipt of service pension & related benefits, appellant concealed from Department of Veteran Affairs the fact that he was employed as casual teacher by the NSW Department of School Education & was in receipt of substantial income which affected his pension & benefit entitlements. This charge involved a single act of fellatio upon a boy aged 10 or 11y and who was aged 12 when he gave evidence at trial.Consequences of CCA finding compromise or inconsistent verdicts - directions - admissibility of out of court statements by accused person. GUTHRIE, Barry - CCA, Conviction and sentence appeal. Whether, in certain circumstances, silence can amount to an untrue representation. LAWSON, Adam Carl - CCA, - 98 A Crim R 463WU, Lui Ming THAPA, Krishna Kumar Crown appeal. Victim security officer at tavern - claim of self-defence rejected. Only witnesses at trial were complainant, appellant and police officer. (See also Howland, CCA, 1.10.97 where the appellant's conviction appeal was dismissed.)1 x conspire to manufacture not less than commercial quantity prohibited drug (amphetamine). Evidence - transcripts of intercepted telephone conversations - notebooks - handwriting. Carnal knowledge of child under 10y; 2 x indecent assault.
Import commercial quantity cocaine (s.233B(1)(b) Customs Act 1901 - max life).4.233 kgs cocaine, 3.133 kgs pure - wholesale value 7,000, street value 6,000. MACRAILD, Cameron Francis - CCA, Conviction appeal. Evidence of conversations between undercover police & alleged co-offenders - accused not present at nor referred to by name in conversations - whether hearsay - admissibility - prejudice to accused - discretion to exclude - Evidence Act 1995 ss.59, 60, 87, 135, 137, 165. Young woman attacked in home by male intruder armed with a pinch bar - unprovoked and vicious attack - bruising, lacerations, broken bones. Application for extension of time to appeal against conviction.
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.