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The station wagon became airborne & collided with a large sign on side of road. Proposed indictment containing 7 counts charging indecent assaults, assaults, sexual intercourse without consent.4 complainants who were either adopted or State wards being cared for by respondent & his wife. FRANCIPANE, Salvatore - CCA, Conviction and sentence appeal. Count 2: false pretences (0,000); in the alternative fraudulently omit to account. Elements of offence - meaning of 'account'- whether to order new trial where Crown could not succeed on case put at trial but might succeed at new trial on different case based on same evidence.
Two passengers seated in rear of station wagon killed instantly. Appeal allowed: resentenced to WILLIAMS, Grant Raymond - CCA, Sentence appeal.1st indictment: 1 x act of indecency (s.61N); 3 x homosexual intercourse (s.78K); 4 matters on a Form 1.2nd indictment: 1 x indecent assault (s.61E(1) - since repealed); 2 x homosexual intercourse (s.78K); 1 x indecent assault (s.61N); 6 matters on a Form 1. Respondent's wife who may have been able to corroborate respondent now deceased. Count 1: conviction appeal allowed, verdict of acquittal entered.
Other counts included enter building with intent to commit felony; assaults with intent to rob; assault; armed B&E; sexual assault. - CCA, Conviction appeal.3 x sexual intercourse with child (10 to 16) under authority. Found guilty of 2nd & 3rd counts, acquitted of 1st count. Knowingly take part in manufacture & supply large commercial quantity prohibited drug (methylamphetamine); supply large commercial quantity methylamphetamine. Directions - 4 day adjournment of trial between jury's question & trial judge's answer - whether jury entitled to convict. '- whether leave to argue this ground should be granted pursuant to Rule 4. GILBERT, Gavin John - CCA, Conviction appeal.2 x assault; armed with firearm with intent to commit assault. Cross examination of accused concerning fabrication by witnesses of their testimony - need for direction that evidence admitted to show relationship not to be used to conclude accused's propensity to offend - cross-examination of accused about statement by another person - Evidence Act s.44. KENNEDY, Michael Graham - CCA, 9.12.98Appeal against interlocutory order refusing permanent stay.
For counts 9 & 10, appellant sentenced to concurrent MT 8y, AT 4y on each count & cumulative upon sentence of 3y FT for sexual assault; for remaining counts sentenced to between 1y & 3y to be served concurrently with other sentences imposed. Appeal allowed on count 10: resentenced to 2y FT to be served concurrently with other sentences. Leaving of evidence to jury where competing versions of events given - sufficiency of warning under s.165 Evidence Act concerning complainant's evidence & delay in making complaint - verdict unsafe & unsatisfactory - duty of trial counsel to seek directions - admissibility of evidence of complaint. Child sexual assault charges: indecent assault (fellatio); a number of acts of sexual intercourse.
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.
The accused was angry, left the house, obtained an iron bar & knife, returned & struck wife on the head with the bar & stabbed her a number of times. The effect of the backdating of the MT was to allow respondent's immediate release on parole.
Count 2: conviction appeal dismissed; sentence appeal allowed - sentenced to MT 3y, AT 1y. Accessory after the fact to robbery in company.3y GBB fine of ,000. Applicant & co-offender, armed with blood-filled syringe, approached 2 passengers on a train telling them it was infected with AIDS - stole 2 gold necklaces & money, ATM cards demanding to know the PIN numbers, all the time threatening to stab victims. Perjury (in the alternative, make false statement on oath).
Victim a taxi driver - 2 other co-offenders - respondent aged 18 at time of offence - strong subjective features - supportive family - no priors - good character - stable employment. Applicant 61y of age - no priors - applicant not principal - following instructions of another - willing participant - 'towards lower end'. LEONARD, Richard William - CCA, 7.12.98Sentence appeal.2 x murder. First offence involved applicant killing victim by shooting with arrow fired from compound bow (pleaded not guilty); second offence committed upon a taxi driver by stabbing him (37 stab wounds) with a razor-sharp knife (guilty plea). Offences committed as part of continuing enterprise - all offences committed over a period of almost 4 months Sentence manifestly inadequate. PHEENEY, Natalie - CCA, 3.4.98Sentence appeal.2 x armed robbery; 2 x detain for advantage (kidnapping); a count of stealing taken into account. They then forced victims to alight from the train at Kingswood, then took one of the victims to a service station to use the ATM machine. Applicant 18 at time of offences, mother of 2y old daughter - Aboriginal - abused as a child by mother's de facto husband - domestic violence. Pursuant to direction by trial judge, jury acquitted on 1st charge & after deliberation convicted on alternative charge.2y GBB.
These applications opposed by prosecution & refused by magistrate. DOUGLAS, Trevor Anthony - CCA, Crown appeal.2 x dangerous drive causing death.12m PD.
Respondent was the driver of a prime mover & trailer which collided with the rear of a station wagon travelling in the same lane. SCOTT, Ernest Clyde - CCA, 8.12.98Crown appeal against orders granting permanent stay of proceedings. At the time of the offences, the appellant was a practising.