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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.
Applicant suffering from physical disability leading to reactive depression - no abnormality of mind at time of murder. ROYALL, Kym William - NSW SC, Dunford J, 26.9.97Redetermination of life sentence under s.13A Sentencing Act 1989. Forcible entry into bathroom resulting in violent struggle between appellant and deceased.
Crown contention that deceased was either pushed or forced out of bathroom window of a sixth floor flat which she shared with appellant; or that she fell from window whilst retreating from or avoiding attack; or that having a well-founded apprehension that if she remained in bathroom she would be subjected to life-threatening violence she jumped out of the window to escape.
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.
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.
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.
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.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).