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Cannot retrieve the URL specified in the Content Link property. For more assistance, contact your site administrator. ASSAFIRIWassim Saad - CCA, Assafiri v R [] NSWCCA Sentence appeal. Total sentence of 3y 9m with a NPP of 1y 11m 23d.

The applicant was involved in the laundering of money to be sent overseas. The result was an overall sentence of 3y 9m. Another difficulty with the sentences was that it appeared the judge took into account the matters on the form prescribed pursuant to s.

Although he does not say that, he also did not indicate on which of the offences the matters were taken into account. No priors - generally of good character - good prospects of rehabilitation. Assafiri v R No. You may be trying to access this site from a secured browser on the server.

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Top Panel Area 1. Middle Panel Content Area 3. Cahyadi v R [] NSWCCA 1 Sentence appeal. Total sentence of 4y with a NPP of 3y. The 1st offence related to the possession of a compact disc specifically designed for the making of false passports.

This offence involved 9 criminal acts over a period of 2 months whereby the applicant sent money from an account to Indonesia. Aged 32 at time of offending - Indonesian citizen - married with a son aged 3 - ongoing gambling problem - occasional illegal drug use - criminal record for dishonesty offences - previous short term of imprisonment.

Vu v R [] NSWCCA 2 Sentence appeal. Supply commercial quantity prohibited drug heroin. A recording was made of a conversation that took place. The informant arranged to send the money by bus to Sydney. Police stopped the applicant, who was in another vehicle in the area. During a search of the vehicle, a box containing white powder was found packed inside a rice cooker. Analysis revealed the powder to be heroin, gross weight Aged 36 at time of offending - born in Vietnam, came to Australia in after spending 7y in Hong Kong, 5 of those in a refugee camp - limited education, having completed equivalent of year 4 - no priors.

Parity - evaluation of roles - applicant's lesser role not reflected in sentence - justifiable sense of grievance. Reed v R [] NSWCCA 4 Sentence appeal. Supply prohibited drug on 3 separate occasions amphetamine.

The applicant had been in custody for 91 days before being bailed. She had also spent 6 months in rehabilitation at Guthrie House, apart from 2 weekends per month. Guilty plea - history of abusing amphetamines from age of Tilyard v R [] NSWCCA 7 Sentence appeal.

Robbery with dangerous weapon. He was told the drug was not kept on the premises but had to be ordered. The applicant said he had a prescription for the drug.

The owner took money from the till, but the applicant demanded more money. Aged 55 at time of offending - criminal record, including firearm offences - previous imprisonment.

Relevance of alcohol addiction - whether sentence manifestly excessive - whether error in failure to find special circumstances.

IFG v R [] NSWCCA 6 Sentence appeal. Appeal allowed for the purpose of correcting the pronouncement of the sentences: Gattellari v R; McRae v R [] NSWCCA 5 Sentence appeal.

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Cultivate large commercial quantity cannabis plants 2, plants. Total sentence of 5y 9m with a NPP of 3y 2m. The applicants were involved in a large-scale cultivation of cannabis on an isolated property. Assessment of value of guilty pleas - whether sentences manifestly excessive - parity. Morgan v R [] NSWCCA 8 Sentence appeal. Total sentence of 2 y with a NPP of 1 y. Whether sentence manifestly excessive. Darrigo v R [] NSWCCA 9 Sentence appeal. The applicant's hand remained there until the complainant moved away.

The applicant left the store immediately. The complainant complained to her mother, who informed staff at the shop. Relevance of prior similar offending - undiscounted starting point of sentence - standard NPP - application of ss. Leach v The Queen [] HCA 3 On appeal from the Supreme Court of the Northern Territory. Mandatory sentence of life imprisonment with no NPP passed on each count.

The Sentencing Crime of Murder and Parole Reform Act NT " Act" provided that life sentences for murder were taken to include a 25y NPP.

Section 19 1 of the Act empowered the Supreme Court of the Northern Territory, on the application of the DPP, to revoke the statutory NPP and, in accordance with s. Whether the discretion granted to the Supreme Court under s. El-Chaar v R [] NSWCCA 16 Sentence appeal. Total of 8y with a NPP of 5y. The 13 offences each related to false claims for GST refunds during a period of a little more than 11 months.

During that period, the applicant lodged 13 Business Activity Statements in which GST refunds were claimed for which there was no entitlement to a refund. The applicant pleaded guilty to the offences in Junehowever, he had admitted his guilt in relation to the charges in a record of interview with officers from the ATO in June Whether sentence manifestly excessive - differences in amounts involved in individual offences - whether insufficient weight given to motivation for offending - financial difficulties - duress.

Rose v R [] NSWCCA 17 Application for leave to extend time to file a notice of appeal. Total of 6y with a NPP of 4y.

The applicant's sentence commenced in February He was released to parole in October The Registrar of the Court wrote to the applicant, asking him to advise the Registrar of his intentions but received no response.

The applicant made no appearance at the hearing. The Court concluded that he no longer had an interest in the appeal. Leave to extend time to file notice of appeal refused. Curtis v R [] NSWCCA 11 Sentence appeal. Total sentence of 11y 8m 6d with a NPP of 9y 4m 6d. All charges arose as a result of a single episode of criminality that continued over several hours. When the applicant returned to his own house, he intimidated his housemate. He eventually came out of the house, holding a 20cm-bladed carving knife in each hand.

Police fired a tazer shot at him, however, this was ineffective. A police dog was then released. The stab wound proved fatal. After a violent struggle, police managed to subdue the applicant. Whether sentence manifestly excessive - extent of accumulation of sentences - whether gratuitous cruelty in stabbing dog an aggravating factor - objective gravity - whether offence in worst category - subjective circumstances - mitigating features - rehabilitation.

Nguyen v R [] NSWCCA 14 Sentence appeal. At the time of sentence, the applicant was already serving a previous sentence. The above sentences were made fully accumulative with that previous sentence, resulting in an effective overall sentence of 12y with a NPP of 10y.

Failure to properly apply principle of totality in accumulating sentences with previous sentence imposed by another court - error in approach to s.

Appeal allowed insofar as applicant resentenced in accordance with s. Thorne v R [] NSWCCA 10 Conviction and sentence appeal. Total sentence of 13y 4m with a NPP of 10y. The offences were perpetrated by the appellant upon his wife.

They had been living together occupying separate bedrooms several days a week, even though their marriage had effectively come to an end. The living arrangements were principally so that the appellant could care for their children when the complainant was absent on business. R v Esposito [] NSWSC Remarks on Sentence. Joint criminal enterprise to assault. No evidence of offender's participation in the assault. R v Logan [] NSWCCA Crown appeal.

Approach to standard NPP on firearm charge - whether sentence manifestly inadequate - exceptional case. Nguyen v R [] NSWCCA 15 Sentence appeal. Total sentence of 10y with a NPP of 6y. A police strike force was commissioned to investigate the distribution of heroin from premises at various locations.

A number of persons of interest were the subject of the investigation. These persons were referred to as the 'family'The above offences came to light during the police operation. Over the course of the operation, the 'family'purchased about 1kg of heroin from the applicant. A number of drivers were employed to drive members of the 'family'to various locations around the Central Coast to purchase heroin from the applicant as none of the 'family'members had a driver's licence.

Whether error in finding applicant's role 'at the very top of the scale'- parity - whether justifiable sense of grievance. Valentine v R [] NSWCCA 23 Sentence appeal. Total sentence of 4y 9m with a NPP of 2y 9m. Voluntary disclosure of offences - imminence of discovery - degree of leniency - whether sentence manifestly excessive. F v R [] NSWCCA 20 Sentence appeal. Total sentence of 2 y with a NPP of 1y. The applicant pleaded guilty at arraignment.

Whether exceptional circumstances necessary before imposing less than full-time custody where substantial dealing - desirability of expressing extent of utilitarian discount - whether sentence manifestly excessive.

Ward v R [] NSWCCA 22 Sentence appeal. The 1st offence involved the supply of cannabis leaf weight 1, The 3rd offence involved the supply of tablets of methylamphetamine weight Whether additional aggravating factor of disregarding public safety under s. Resentenced to a total of 4y with a NPP of 2 y. McC v R [] NSWCCA 25 Conviction appeal. The 2 victims were attacked by a man who struck each around the head with a car jack.

The 14 year old victim was hit outside the home. She saw the man force his way inside the house. At trial, she had no recall of the assault. The 14 year old victim was not able to identify her attacker. The appellant did not give evidence at trial, relying on the version given in his interview with police. The Crown prosecutor at trial had asked defence counsel whether the defence required the Crown to call the children as witnesses. On the 3rd day of trial, the defence counsel informed the Crown prosecutor that he did not require the children to be called as witnesses.

Crown prosecutor's obligation to call children as witnesses - whether miscarriage of justice. SZ v R [] NSWCCA 19 Sentence appeal. The applicant was also sentenced for an offence of conducting drug premises. Total sentence of 4y 9m with a NPP of 3y. The offences came to light during a police strike force investigation into the supply of amphetamine in the Wollongong area. Murphy v R [] NSWCCA 18 Sentence appeal. Total sentence of 3y 3m with a NPP of 2y 3m. The applicant was a Centrelink employee.

Her duties involved the processing of requests by childcare providers for additional advances of childcare benefits. The applicant was sentenced on each of the charges upon the basis that in each instance she altered the nominated bank account details of the various childcare providers with the details of her own bank account. The offences occurred over an 18 month period. Whether sentences manifestly excessive - NPP exceeding normal ratio - absence of reasons.

Appeal allowed in part: NPP reduced to 2y. DB v R; DNN v R [] NSWCCA 27 Sentence appeals. Both applicants were part of a wider group of offenders who committed 6 aggravated armed robberies in all.

Only 1 count was common to both applicants. Both applicants entered pleas of guilty. Failure to have regard to principles applicable to juvenile offenders - agreed statement of facts - parity - guilty pleas - whether sentences manifestly excessive.

DNN resentenced to a total of 12y with a NPP of 8y; DB resentenced to 10y with a NPP of 6y. R v Woodland [] NSWCCA 29 Crown appeal. Drive in manner dangerous causing GBH.

The respondent then wanted to return to the party, although the female friend urged him not to do so. The respondent took the keys to his mother's car. On a straight stretch of road, the respondent lost control of the vehicle, which collided with a tree. Fahs v R [] NSWCCA 26 Sentence appeal. Total sentence of 9 y with a NPP of 7y. The above offences involved the supply of various drugs to undercover police officers. Factors in aggravation - planned or organised criminal activity - accumulation of sentences - finding of special circumstances - whether lesser sentence warranted.

Musgrove v R [] NSWCCA 21 Sentence appeal. The applicant, who was armed with a knife, committed the above offence upon an 18 year old female on a beach. After the attack, he told the victim to remain where she was for 5 minutes, threatening to stab her if she left any earlier.

He initially denied his involvement in the offence. Aged 34 at time of offence - guilty plea - disturbed childhood - prior criminal record - on GBB at time of offending.

Whether error in failure to find special circumstances - whether error in failure to impose parole period in statutory proportion to head sentence - changes in sentencing legislation - whether sentence manifestly excessive. R v KT [] NSWSC 83 Remarks on Sentence.

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. Manslaughter by unlawful and dangerous act - juvenile offender. Sentenced to 6y with a NPP of 4y. Taufahema v R [] NSWCCA 33 Conviction appeal. There was an alternative count on the indictment, namely the use of an offensive weapon in company to avoid lawful apprehension, to which the applicant pleaded guilty.

A co-accused was acquitted of murder but found guilty of the alternative count: The applicant was convicted for murder on the basis of joint criminal enterprise. The charge of murder arose from the fatal shooting of Snr Const Glen McEnallay. Use of firearm by a companion to avoid arrest - error in directions to jury on joint enterprise murder - contemplation of an intention to kill or inflict serious bodily harm - whether further oral directions can cure written directions - whether trial judge ought to have left alternate verdict of manslaughter to the jury.

Mason v R [] NSWCCA 32 Sentence appeal. Total of 2 y with a NPP of 1y 4m. Further investigations revealed that the vehicles in the above 3 counts were stolen. The applicant entered pleas of guilty to the above 3 offences. The sentencing judge remarked that but for the guilty plea, he would have imposed a total term of 3 years.

Whether sentencing judge considered alternatives to full-time custody - whether PD available. Ly v R [] NSWCCA 28 Sentence appeal.

Applicant pleaded guilty to 55 offences: Total of 6y with a NPP of 4 y. Aged 33 at time of 1st offence - no prior criminal record. Proportion of NPP to overall sentence. Martin v R [] NSWCCA 34 judgment withdrawn from Caselaw site. Total sentence of 30y with a NPP of 25y. For details of offences, see v R [] NSWCCA Aged 22 at time of first offence - physical abuse during childhood - lengthy juvenile record - previous imprisonment.

Whether error in failure to find special circumstances - whether sentence manifestly excessive. Marshall v R [] NSWCCA 24 Sentence appeal. Total sentence of 6y 10m with a NPP of 5y. For each larceny offence, the sentence imposed exceeded the prescribed maximum penalty. The applicant broke into 3 residences. The applicant stole valuable electronic equipment from the 2nd house he broke into.

The male occupant jumped onto the bonnet of the vehicle but as the applicant continued to drive, he fell off. The 3rd home the applicant broke into was that of a 56 year old woman. He forced the woman out of her home at knifepoint. Aged 23 at time of sentence - troubled childhood - heroin use from early age - lengthy criminal record. Appeal allowed in part, resentenced to a total of 6y 2m with a NPP of 5y. Finnie v R and R v Finnie [] NSWCCA 38 Application for extension of time; Conviction and sentence appeal; and Crown appeal against inadequacy of sentence.

The offender was found not guilty of 2 further offences of pervert the course of justice. The offender was instrumental in calling a doctor as a witness in a bail application hearing knowing that his evidence was based on false information that had been given to him by the offender. The offender claimed to have been diagnosed with prostrate cancer when, in fact, he did not have prostrate cancer.

Extension of time granted. Crown appeal against sentence dismissed. Friend v R [] NSWCCA 41 Conviction appeal. The deceased was shot in the back of the head while he was sleeping. Forensic investigations established that a single gun-shot had been fired into the back of his head, at point blank range, killing him instantly.

The Crown case against the co-accused was that he had fired the shot that killed the deceased. The jury found the appellant guilty of murder but could not agree upon a verdict in respect of the co-accused. He was subsequently re-tried, however, the jury could not agree upon a verdict in the 2nd trial. There was no physical evidence capable of linking the appellant directly to the shooting. Living in the house with them was the appellant's 6 year old son from a previous relationship.

Charara v The Commissioner of Police NSW [] NSWSC 26 Carrying out of forensic procedures on serious indictable offenders in a place of detention. Officer requested offender to undergo forensic testing procedure - provided him with information sheet required by s. R v Nahle [] NSWCCA 40 Crown appeal. Total sentence of 3y with a NPP of 18m. At times, she was allowed to live in a spare room of a house in Greenacre, where the respondent's wife lived.

The respondent lived with his parents. The sentencing judge found she did not suffer substantial injuries. The AOABH occurred some months later while the respondent was on bail. He was the driver of a MV, the victim a passenger in another MV. The respondent's MV stopped across 2 lanes, impeding the other MV.

The driver of that MV, the victim's wife, sounded her horn but the respondent failed to move his MV. When there was no response, he opened the door. The sentencing judge stated the respondent's age at the time of the kidnap as being 18 when he was actually Whether too much weight given to rehabilitation - whether surrender constitutes assistance to authorities - whether assaults on victim part of facts of kidnapping - special circumstances to reduce NPP on basis of accumulation of sentences - whether sentence manifestly inadequate.

R v Lodhi [] NSWSC Terrorism offences. National Security Information Criminal and Civil Proceedings Act - national security - Public Interest Immunity - appointment of Special Counsel to assist in assessment of claims. Audio visual links in terrorism cases - principles to be applied - s. National Security Information Criminal and Civil Proceedings Act Protective orders - Imposition of orders to protect national security during a criminal trial - s.

Director of Public Prosecutions NSW v PM [] NSWCCA s. The respondent was charged with 2 counts of non-consensual intercourse with a 14 year old girl. Two differing bases of aggravation were involved, the 1st being that the victim was aged under 16 years, the 2nd that the respondent did ABH at the time.

The 2nd offence was a serious children's indictable offence. An indictment was filed alleging the 2nd circumstance of aggravation the infliction of ABH. Criminal proceedings against a child - s. Smith v R [] NSWCCA 39 Application for leave to appeal against a limiting term of 3y. Limiting term of 3y set aside; in lieu a limiting term of 2y nominated pursuant to s. Applicant eligible for immediate release from detention on 8. Winn v R [] NSWCCA 44 Sentence appeal. Total of 4y with a NPP of 3y.

The injuries to the police occurred while they were investigating a domestic dispute. Total of 3 y with a NPP of 1 y. Vragovic v R [] NSWCCA 46 Conviction and sentence appeal. This sentence was partially accumulated upon a sentence of 7y with a NPP of 4y for an offence of maliciously inflicting GBH with intent The effective overall sentence for both offences was 14y with a NPP of 10y.

The victim's evidence was that at about 9. She said she saw the appellant at her window forcing entry. She tried to close the window but he prevented her. The appellant fled when people from a nearby tennis court approached. Aged 69 at time of offending. False alibi - consciousness of guilt - failure to direct as to lies - application of Rule 4 - application of proviso to s.

Baroudi v R [] NSWCCA 48 Sentence appeal. Total sentence of 6y with a NPP of 4y. Procedural fairness - relevance of guideline judgment - calculation of composite discounts - special circumstances - double counting - totality. Yang v R [] NSWCCA 37 Sentence appeal. Total of 5y 3m with a NPP of 4y. Police executed a search warrant at the applicant's residence. He told them that there was firearm in his bedroom. R v Douglas [] NSWCCA 31 Crown appeal. Aged 29 at time of offences - guilty plea - disrupted childhood - prior offences involving violence.

Hyman v R [] NSWCCA 47 Sentence appeal. Total sentence of 5y 3m with a NPP of 3y 9m. The applicant was employed in the Sydney office of American Express International Incorporated Amex as the Executive Assistant to the Senior Vice President of the Global Corporate Services Department.

For the purpose of settlement, Amex accepted as valid, travel expense voucher entries which, by their description, appeared to be for business expenses but for which there were no receipts. Guilty plea - special circumstances taken into account - professional help sought to deal with gambling addiction - prognosis good if continued.

Buadromo v R [] NSWCCA 43 Sentence appeal. Total sentence of 11y 3m with a NPP of 8y 3m. The first 4 offences were committed upon residential premises at night when the occupants were asleep.

The 5th offence was committed when the applicant, in company with 3 other males, attempted to rob a bank. The attempted carjacking offence occurred in Glebe. Finding of special circumstances - moral culpability - accumulation of sentences - statutory proportions of sentences - purpose of finding of special circumstances - whether overall sentence manifestly excessive.

Appeal allowed in relation to count 5, resulting in a total sentence of 11y 3m with a NPP of 7 y. Wilmot v R [] NSWCCA 30 Sentence appeal. Total of 12y with a NPP of 9y accumulated upon sentence already being served.

All the above offences were committed upon the same complainant, a young woman aged 19 years who was employed as an assistance stationmaster at the Leightonfield Railway Station.

Some 4 weeks after the assault upon this young woman, the applicant assaulted a young woman at another railway station. Whether sentences manifestly excessive - NPP in excess of statutory proportion. McDonald v R; Slater v R [] NSWCCA 50 Sentence appeals.

The occupants were asleep when the applicants broke into their home in the early hours of the morning.

The applicant, armed with what the victim said appeared to be a rounded piece of wood, swung the piece of wood at the victim's head. The victim suffered a number of injuries. Guilty pleas - both applicants had significant criminal histories. Whether sentences manifestly excessive. R v Veatufunga [] NSWCCA 54 Crown appeal.

Total of 3y with NPP of 18m; disqualified from driving for 18m. Guilty plea - under the influence of alcohol at the time. Phan v R [] NSWCCA 42 Sentence appeal. Total sentence of 7y with a NPP of 5y. A passenger threw a small box from the car. The box was later found to contain 3. He posed with the gun while they took photographs with mobile phones. The bullet penetrated the back of the friend's skull, causing severe injury. The victim has been left with portion of his skull missing.

Except for short distances, he requires aid in order to walk. Statutory proportion of sentences - purpose of finding of special circumstances - procedural fairness - accumulated or partially accumulated sentences - whether sentences manifestly excessive. AJB v R [] NSWCCA 51 Sentence appeal. The family remained together for another 10 years without any further misconduct by the applicant towards the victim.

Inthe victim complained to a police hotline but there was no response. She then made a complaint in that resulted in the arrest of the applicant in July of that year.

Whether sentence excessive according to sentencing practices in - whether availability of remissions relevant - special circumstances - relevance of practice in for fixing NPP. R v JRD [] NSWCCA 55 Crown appeal. The respondent was involved in the supply of ecstasy. The offence charged involved tablets weighing grams, containing grams MDMA. The charge of receiving related to the respondent attempting to dispose of some crates of vodka that had been stolen by other offenders. The form 1 matters related to respondent's involvement with other stolen goods.

The fraud matter concerned a false document used by the respondent to obtain a loan to purchase a motor vehicle. Whether sentences manifestly inadequate - whether approach to sentencing erroneous - whether discount for assistance excessive. R v Norman; R v Olivieri [] NSWSC Remarks on Sentence. The deceased was a solicitor practising from an office adjoining his home in Petersham. He was a client of an accountancy practice where Norman was a director. These were delivered to Norman's office for the purpose of meeting outstanding tax liabilities.

Norman, however, deposited them into a trust account from which he withdrew the funds over a period of a few weeks for his own use. None of the money was sent to the Taxation Office. Fear of exposure led Norman to have the deceased killed. Norman engaged Olivieri to kill the deceased. Norman sought to distance himself from the killing by arranging a business meeting that same evening at Glenfield, well away from the Petersham area.

The deceased died by the time ambulance officers arrived. Qing An v R [] NSWCCA 53 Conviction and sentence appeal. The appellant had been charged with a total of 10 offences.

Failure to correctly apply Crimes Sentencing Procedure Act NSW - failure to impose individual sentences in respect of each offence - totality - parity - whether sentences manifestly excessive.

Appeal against sentences on counts allowed; appellant resentenced as follows: This resulted in a new total sentence of 10y with a NPP of 7 y. R v BWS spring form checkbox default value NSWCCA 59 Crown appeal. The complainant ceased living there on the day of the incident giving rise to the AOABH.

Aged 57 at time of sentencing - poor health - prior offences, including one of assault female under 16 years of age with act of indecency. Failure to apply correct sentencing principle established in Pearce CLR - requirements of standard NPP - ss.

Roads and Traffic Authority of New South Wales v Stock broker jobs omaha [] NSWCCA 35 Stated case.

On 12 June the Respondent was driving a vehicle which was recorded by a speed camera as travelling at 93 kph in an 80 kph zone. He was convicted of an offence under r20 of the Australian Road Rules in the Local Court but successfully appealed to the District Court. The appeal judge, his Honour Judge Nicholson SC, has stated a case for this Court. Traffic offences - proof of speed - speed measuring devices - photographic evidence of speeding offence - accuracy - evidence to the contrary.

R v MO [] NSWCCA 61 Crown appeal. Attempt import commercial quantity heroin. Whether sentence manifestly inadequate - proper approach to expression of discounts in sentence. Mouroufas v R [] NSWCCA 58 Conviction and sentence appeal. Cultivate commercial quantity cannabis hot nasdaq stocks buy plants. Police attended a property where they discovered a large cannabis plantation.

The total weight of cannabis plants collected was approx 2, kgs. A number of people were arrested. The appellant was subsequently identified as a worker who had been on the property. Both signed an undertaking to give evidence against co-accused persons, including the appellant.

Identification - whether direction required under ss. Higgins v R [] NSWCCA 56 Conviction appeal. The appellant was a Commonwealth Bank manager. When the appellant was charged with the above offence, the bank dismissed him. The appellant entered a plea of not guilty in the DC. A voir dire took place as to the admissibility of 2 interviews relied upon by the Crown as admissions. Following the trial, the trial judge's summing up to the jury included a direction on circumstantial evidence.

The jury returned a verdict of guilty. A Crown appeal against sentence was dismissed in Statement made to bank investigators - admissions - whether interview oppressive in terms of s. R v Wallace [] NSWCCA 63 Crown appeal. The respondent shot a female friend in the back of the head then buried her body: Standard NPP - whether error in finding that respondent's crime was properly to be assessed as in the mid-range of objective seriousness - ss. Burrell v R [] NSWCCA 65 Conviction and sentence appeal.

Murder - life imprisonment; detain with intent to hold for advantage - 16y with a NPP of 12y. Appellant kidnapped female friend for ransom - circumstances of death unknown - body never recovered - worst case.

See also R v Burrell [] NSWSC Aged 53 at time of sentencing - not guilty plea - substantial planning - modest criminal record. Burden of proof - assessment by jury - circumstantial evidence - whether to be satisfied beyond reasonable doubt of each fact from which inference of guilt to be drawn - unfavourable evidence - juror bias cbot trading holidays 2014 whether conviction unreasonable - whether sentence manifestly excessive.

Cassaniti v R [] NSWCCA 66 Conviction appeal extension of time to appeal. The appellant was found not guilty of a further charge of defrauding the Commonwealth. Directions - consequences of company deregistration - consequences of company liquidation - bankruptcy of client.

T v R [] NSWCCA 62 Sentence appeal. He did not appeal against that FT. The overall sentence imposed upon the applicant was 6y with a NPP of 4y. The supply offence was a 'rolled up'count relating to discrete supplies of methylamphetamine. The applicant supplied an undercover police officer on 5 occasions with quantities of methylamphetamine, ranging in amounts of between In all, the 5 supplies involved Whether error in using standard NPP as a starting point - whether error in not taking into account finding of special circumstances as a factor in setting the NPP.

Luland v R [] NSWCCA 64 Conviction appeal. Whether trial miscarried as a result of decision by trial judge to order, pursuant to s. Andrews v R [] NSWCCA 68 Sentence appeal. Failure to find special circumstances - whether sentence manifestly excessive - whether reading forex candlesticks severe sentence warranted. R v Sheen [] NSWCCA 45 Conviction appeal; and Crown appeal against sentence.

There was an acrid chemical smell inside the house. In the master bedroom, police found liquid being heated in a 5 litre reaction flask. The appellant's 2 young children were asleep in 2 other bedrooms at the time.

The 2 men pleaded guilty to manufacturing a commercial quantity of methylamphetamine. The appellant's hfp capital markets stock broker trainee review facto gave evidence in the Crown case.

Whether sentence manifestly inadequate. Directions - 'suffering or permitting'premises to be used for manufacture of prohibited drugs - mere knowledge of manufacture insufficient - r4 Criminal Appeal Rules - proof required that appellant possessed power or capacity to prevent the manufacture - miscarriage of justice. Barnes v R [] NSWCCA 69 Sentence appeal. Total sentence of 2 y with a NPP of 15m. Each offence involved a deemed supply. The drugs were found in a vehicle stopped by police on its way from Sydney to the Central Coast.

The applicant admitted that the drugs were his. Aged 43 - guilty plea - 50 minimum deposit binary options geek circumstances - lengthy criminal record - previous imprisonment.

Objective gravity of offences - whether overall sentence manifestly excessive. Lu v R [] NSWCCA 74 Sentence appeal. The amount of heroin involved was Police found the heroin when they entered premises in which the applicant was living.

California investment broker license an ERISP, the applicant maintained the heroin was for his own use.

Aged 33 at time of sentence - long criminal record, including prior drug offences - previous imprisonment. Whether starting point too high - whether sentence manifestly excessive. Clarkson v R [] NSWCCA 70 Conviction and sentence appeal. Multiple offences against the Passports Act.

Spinks v R [] NSWCCA 52 Sentence appeal. Total sentence of 15y with a NPP of 8y 9m. The co-offender was sentenced to a total of 10y with a NPP of 6y. Parity - Form 1 offences - whether justifiable sense of grievance - whether sentence manifestly excessive. Swansson v R; Henry v R [] NSWCCA 67 Conviction appeals. Conspire to import commercial quantity MDMA ecstasy.

The amount of MDMA involved was Aiding, abetting, counselling and procuring the commission of the above offence. Swansson was further arraigned under a 2nd indictment of knowingly take part in the supply of a commercial quantity of MDMA.

The Crown accepted that the 'one indictment, one jury'principle is longstanding, but submitted that it is merely a rule of practice, rather than a rule of law.

The Crown submitted that no coherent justification for the rule appears in the authorities and, accordingly, it contended that the rule plays no relevant role in the modern criminal justice system. Alternatively, the Crown submitted that contravention of the rule did not result in the proceedings being a nullity in the strict sense, asserting that the Court can invoke the proviso and that, on the facts of the case, there was no substantial miscarriage of justice.

The appellant Swansson asked the Court to proceed to hear other grounds of appeal. Leave to add additional ground of appeal granted. R v Camilleri [] NSWCCA 36 s. The Crown sought to tender evidence of the analysis of a sample of respondent's blood taken from him following the motor car accident. The issue was raised again at a pre-trial hearing on 8. Reliance on blood analysis evidence to establish blood alcohol level - evidence central to Crown case - whether Crown entitled to 2 hour binary options broker uk on the evidence - probative value of evidence - public policy considerations.

The Queen v Taufahema [] HCA 11 Application by Crown for special leave to appeal against a verdict of acquittal entered by NSWCCA. Murder of Senior Constable Glenn McEnallay. Joint criminal enterprise - extended common purpose - respondent alleged to be party to a joint criminal enterprise - respondent convicted of murder - appeal against conviction allowed on the ground of a wrong direction on a question of law - conviction quashed, verdict of acquittal entered: Whether retrial can be ordered where classification of joint criminal enterprise differs from that presented at 1st trial - whether difference of classification constitutes new case not made at 1st trial - meaning of "new case" - whether retrial appropriate where case at trial adopted by prosecution for tactical reasons - whether granting retrial on a "new case" is consistent with even-handed disposition of criminal appeals.

Special leave to appeal granted. Set aside the order of the New South Wales Court of Criminal Appeal made on 8 May entering a verdict of acquittal and in its place order that there be a new trial. The Queen v Hillier [] HCA 13 Sold common stock journal entry appeal from the SC of the Australian Capital Territory.

The respondent appealed to the Court of Appeal of the Australian Capital Territory against his conviction for murder. Stock market name upe allowed; set aside the orders of the Court of Appeal of the Australian Capital Territory made on 15 December and remit the matter to that Court for rehearing. Cornwell v The Queen [] HCA 12 On appeal from the SC of NSW.

The accused was convicted following a retrial for conspiracy to import cocaine. The accused gave evidence after indications that a certificate under s. At the retrial, the Crown sought to tender cross-examination evidence from the 1st trial. That evidence was held to be admissible. Application for special leave to cross-appeal granted and cross-appeal allowed. XY v R [] NSWCCA 72 Sentence appeal.

Total sentence of 16 y with a NPP of 11 y. The offences arose from a single incident when the applicant assaulted 3 of his girlfriend's children. All 3 children were whipped with a length of plaited nylon rope.

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Because of the pain she was in, the young female child was placed under general anaesthetic in the operating theatre in order to examine the extent of her injuries. Abuse of trust - gratuitous cruelty - applicant aged 18 at time of offences. Reaburn v R [] NSWCCA 60 Sentence appeal. Total sentence of 14y 3m with a NPP of 11y.

The victim was a Japanese tourist who was sharing a flat with the applicant's girlfriend. Use of standard NPP when plea of guilty - error in using standard NPP as starting point - failure to apply discount for early guilty plea - meaning of 'part of a planned or organised criminal activity'in s. Tekely v R; Nagle v R [] NSWCCA 75 Tekely: Total of 6y with a NPP of 3y 9m. Total of 5y with a NPP of 2y 9m. On the day of the deceased's death, he displayed uncontrollable behaviour.

He was placed in a chair with his hands handcuffed behind his back. The applicant Nagle joined in the assault by striking him to the face or head at least twice. When ambulance officers arrived, the deceased was already dead. Warnings - directions - summary of facts - expert evidence - whether how much money does an nfl referee make per game excessive.

Stanford v R [] NSWCCA 73 Sentence appeal. Total sentence of 5 y with a NPP of 3 y. Agreed statement of facts tendered.

Applicant pleaded guilty to the above offences. Accumulation of sentences - totality - impact of theoretical possibility that offence could be dealt with at LC - effect of intoxication - quantification of discount for guilty plea - parity - child co-offender. DFS c R [] NSWCCA 77 Sentence appeal.

Td ameritrade short penny stocks sentences excessive compared forex forex forex forextraderguide.info guide guide trader trader trading those imposed on co-offenders.

Burrell v R [] NSWCCA 79 Application to re-open criminal appeal. Consideration of irrelevant evidence by CCA - misunderstanding of facts not in evidence - evidence not included at trial taken into account - whether application should be heard by a reconstituted bench to avoid any apprehension of bias - whether jurisdiction exists to reopen a matter after judgment has been delivered - power of courts to review perfected orders - functions of judges - implied power of courts to do justice to parties.

Order of the Court dismissing the appeal confirmed. McCormick v R [] NSWCCA 78 Conviction and sentence appeal. Total sentence of 5y with a NPP of 3y. The Crown case was that the appellant, a councillor on Rockdale City Council, agreed to accept bribes to promote 2 development applications before the council.

The appellant's appeal challenged the failure by the trial judge to discharge the jury on the application of appellant's counsel. The application was made following a communication from the only Crown witness to the Crown Prosecutor to the effect that the witness thought he knew a female member of the jury.

It was submitted that his Honour applied the wrong test in refusing to discharge the jury, namely the absence of any indication from any member of the jury of prior knowledge of the Crown witness, rather than a consideration of whether a tck stock options apprehension of bias on the part of that unidentified juror arose.

Apprehended bias of juror - Ebner test Ebner v Official Trustee in Bankruptcy CLR - parity. R v Almirol [No 1] [] NSWSC Judgment on admissibility of telephone intercepts. Accused overseas - police use friend to telephone - toronto stock exchange stock charts agent - no warning - warrant granted in respect of telephone number in Australia - whether that number "likely to be used" by accused - whether evidence improperly obtained - or were "admissions" that it would be unfair to use - s.

Telephone intercept evidence allowed. Korgbara v R [] NSWCCA 84 Conviction and sentence appeal. Knowingly concerned in the importation of cocaine The appellant had leased this mailbox about 6 weeks before the parcel was mailed from Brazil. Once in Australia, a controlled delivery took place.

Accused arrested before repeal of s. Frigiani v R [] NSWCCA 81 Sentence appeal. Malicious wounding with intent to inflict GBH. The victim was the estranged wife of the applicant.

The victim was taken to hospital. Apart from the stab wounds, she suffered a collapsed lung. Guilty plea - standard NPP - application of Way [] 60 NSWLR - taking into account prior offence dealt with under s. Lawler v R [] NSWCCA 85 Sentence appeal. Total sentence of 10y 8m with a NPP of 8y. Pre-meditation - general deterrence - heavy vehicles.

Pavitt v R [] NSWCCA 88 Conviction appeal.

The appellant was approx 6 years older than the complainant. The complainant first complained to police about the matters in respect of which the appellant stood trial in After he did so, the police obtained a warrant to listen to a telephone call made on nse dishtv share price history. At that time the appellant was a suspect; but police had not decided to charge him.

He had not refused to be interviewed by police. The Crown relied upon the contents of the conversation as constituting admissions by the appellant. Six witnesses were called who gave evidence that the 777 free signals for binary options stock had isup optional forward call indicators about the appellant's conduct to them.

Three of those witnesses were complainant's childhood friends. R v Henry [] NSWCCA 90 Crown appeal. Whilst on python stock market quotes msn money, the respondent entered a jewellery store with a toy pistol visibly stuffed down the front of his pants. The respondent ran from the scene chased by a bystander.

Police eventually arrested him. Mental disorder - relationship of Henry guideline [] NSWCCA with standard NPP - relevance of mental illness - whether sentence manifestly inadequate. Thompson v R [] NSWCCA 83 Sentence appeal. Knowingly concerned in the importation of a commercial quantity of cocaine.

This appeal followed a retrial: The retrial was fixed to commence bux.to autoclicker v1.4.0 free download 5.

On that date, the applicant entered a plea of guilty to the above charge. The cocaine had been brought to that place on board another vessel by arrangement with suppliers in Central America. The cocaine seizure was then the largest in Australian history. Applicant born in New Zealand - 2 co-offenders of British origin - Convention on the Transfer of Sentenced Persons - whether transfer of co-offender a ground for parity - parity of sentencing - issue estoppel - criminality.

R v Johnson [] NSWSC Remarks on Sentence. The above offences relate to the killing of an elderly retired couple in South Maroota by their handyman. McKibben v R [] NSWCCA 89 Sentence appeal. The applicant was arrested following a controlled police operation. Aged 58 - long history of drug dependency - on disability pension- priors - previous imprisonment. Parity - totality - insufficient discount for early guilty plea - whether sentence manifestly excessive.

Osborne v R [] NSW CCA 91 Sentence appeal. Total of 5y with a NPP of 3y; disqualified from holding a driver's licence for 2y to commence following already existing period of disqualification sentencing judge erroneously thought was Further disqualified from holding driver's licence for 3y to commence from date of sentence Even without the disqualification in the instant case, he was disqualified from holding a driver's licence until Agreed statement of facts - lengthy criminal history - subjective circumstances - drug use - mental illness.

No pre-sentence report - whether miscarriage of justice in absence of pre-sentence report - whether amphetamine use mitigating circumstance - whether sentence excessive. Matzick v R [] NSWCCA 92 Sentence appeal. The applicant lived in a flat above a convenience store in Kings Cross. She was acquainted with the proprietor of the store, Mrs Kang, who forex trade training courses, on occasions, shown her kindness.

She offered her some milk. The applicant asked for an ice cream, which she was given. Forex peace army tom ea wounds bled profusely. Mrs Kang thought the applicant was going to kill her. They asked the applicant whether the knife was hers. She was found to be in possession of a 2nd knife, secreted in the left leg of her pants.

She remained in hospital for 4 days. R v Raymond Douglas Sutton; R v Margaret Ellen Sutton [] NSWSC Remarks on Sentence. Manslaughter - guilty pleas. Killing of severely handicapped son. Haidar v R [] NSWCCA 95 Sentence appeal.

Fire firearm in manner likely to endanger safety of another. The applicant was a security guard, licensed to possess weapons. The fight moved outside, then stopped.

Mr Vaughan backed away from the applicant who continued to try to advance towards him. Mr Vaughan ran off down the street. The applicant said he did not intend hitting Mr Vaughan but intended to frighten him. Objective seriousness of offence - reference by sentencing judge of applicant shooting 'at'the victim - exercise of sentencing discretion - whether error in assessment of circumstances of appellant's case - whether lesser sentence warranted. Nguyen belajar option trading gratis R [] NSWCCA 94 Sentence appeal.

In the cargo tray of the applicant's vehicle, police found drums of liquid fertiliser. R v Rowe [] NSWSC Remarks on Sentence. The offender was arraigned on a charge of murdering her 7 month old infant son who died as a result of the ingestion of methadone. There was no evidence of the offender mistreating the child. Unlawful and dangerous act. Sentenced to 5 y japan online forex trading for beginners a NPP of 3y.

Perkins v R [] NSWCCA 80 Sentence appeal. Aggravated robbery maliciously inflict ABH. The applicant had previously displayed erratic behaviour at a hotel before being forcibly removed. Admission of fresh evidence - psychiatric report - whether fresh evidence could have been obtained by exercise of due diligence - whether fresh evidence was of such significance that sentencing judge may have regarded it as having a real bearing upon decision.

Leave to admit psychiatric report as fresh evidence refused. Taylor v R [] NSWCCA 99 Sentence appeal. Total sentence of 5 y with a NPP of 4 y. Aged 27 - guilty plea - drug use. R v Almirol [No 2] [] NSWSC Remarks on Sentence. Accessory after the fact to murder. The deceased's throat was cut after being hit over the head with a metal chair. Aged 42 - guilty plea - illegal immigrant - born in Philippines.

R v Smith [] NSWCCA Crown appeal. Total sentence of 3y 9m with a NPP of 2y 1m. The offences were committed over a day trader rule 25000 week period. On 4 occasions, the attendant on duty was assaulted, despite offering no resistance. Whether sentences manifestly inadequate. Kentwell v R [] NSWCCA 93 Sentence appeal. Supply heroin grams. Police received information that a heroin distribution network was operating in the Kings Cross area.

All 3 offenders pleaded guilty. Parity - whether justifiable sense of grievance. Widders v R [] NSWCCA 96 Sentence appeal. AOABH - 2y FT; Count 3: AOABH - 2y with a NPP of 6m. Total sentence of 6y with a NPP of 4 y.

The victim of the woolworths trading hours easter nsw offences was a 27 year old woman who, at the time of the 1st offence, had been living with the applicant for approx 12 months. Dezfouli v R [] NSWCCA 86 Appeal against special verdicts returned by jury following a special hearing conducted pursuant to s.

Appellant appeared for himself. Boulattouf v R [] NSWCCA Conviction and sentence appeal. The above count was the 2nd of 3 counts on the indictment.

The 1st, to which it was an alternative, stochastic volatility fx options of sexual intercourse with a child under 10 years. The 3rd count was of aggravated indecent assault. At the direction of the trial judge, the jury returned a verdict of not guilty to this count.

Lee v R [] NSWCCA 71 Conviction appeal. Tran v R [] NSWCCA Sentence appeal. This appeal was brought pursuant to s. MacDonald v R [] NSWCCA Sentence appeal.

The above offences were committed whilst the applicant was armed with blood-filled syringes. Ristevski v R [] NSWCCA 87 Conviction appeal. Supply prohibited drug cocaine. The offence came to light as a result of a police investigation into the drug trade in the Wollongong area. Applicant ran away from police with drugs in order to escape arrest. Call and put options simplified to give directions on evidence of flight - whether flight consciousness of guilt.

AEL v R [] NSWCCA 97 Sentence appeal. The applicant was aged approximately 12 years at the time of the offences. The sentencing judge determined that a condition of the 3y GBB should be that the applicant enter into the residential programme conducted at Mirvac House, however, he was unable to complete this programme before funding was withdrawn by DOCS. The sentencing judge found that the withdrawal of the funding was through no fault of the applicant.

By that time, he was aged Direction that applicant's release to parole be effected as soon as arrangements were made for his accommodation in the Youth off the Streets Program. Quinlan v R [] NSWCCA Sentence appeal. Total sentence of 11y with a NPP of 9y. The offences occurred one night when the applicant embarked upon a drug-fuelled criminal rampage. R v Taylor [] NSWCCA S,5F appeal against ruling in the DC setting aside subpoenas.

The applicant is awaiting trial in the DC on a number of drug related charges. Ruling vwap trading strategies subpoena to Australian Crime Commission vacated; matter remitted to the DC. Saad v R [] NSWCCA 98 Sentence appeal. The applicant was to stand trial on an indictment containing 4 counts.

Before the trial commenced, the applicant entered pleas of guilty to the alternative counts, which was accepted by the Crown in full discharge of the indictment. Discount - whether plea made at earliest opportunity - effect of finding special circumstances. Leese v R [] NSWCCA Application for leave to appeal against sentence. Following a complaint, officers from DOCS attended the applicant's home. They told him that the complaint had come from his sister-in-law.

Once inside the home, the co-offender threatened the victim's fianc. The applicant demanded to speak with the victim but was told by her older daughter that he could not do so.

When they did leave, the co-offender threw a vase at the TV, which broke the screen. He also threw a chair at the TV.

Use by sentencing judge of phrase 'the community would be horrified to think that anything other than a full time custodial sentence would be appropriate'- whether irrelevant - whether sentence excessive. Co-offender not yet sentenced. Submitted that when sentenced, parity question may arise.

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If the Court was against the applicant's application, it was asked to refuse leave to appeal but not dismiss the appeal. Leave to appeal refused. R v Mundene canadian stock market crash of 1987 NSWSC Remarks on Sentence.

The offender was charged with murder. He pleaded not guilty to murder but guilty to manslaughter, which the Crown accepted in full satisfaction of winning strategies for binary options review indictment.

New zealand dollar forex offender shook a 7 month old baby, causing fatal injuries. The baby died in hospital portobello road market office tavistock road following day.

All of the injuries suffered by forex school london baby were consistent with the offender's conduct as described by the baby's mother. There was no suggestion that the baby had injuries from any other assault upon him.

Aged a few days short of 20 at time of offence - Aboriginal - prior offences: Sentenced to 6y 9m with a NPP of 3y 9m. Shaaban v R [] NSWCCA Sentence appeal. Total sentence of 4y with a NPP of 2y. Guilty plea - subjective circumstances - assistance to authorities - whether sentence manifestly excessive. Clay v R [] NSWCCA Applicant for leave to appeal against sentence. Total sentence of 4 y with a NPP of 2y 3m.

The offences were committed upon 4 young men as they were walking from Lisarow railway station. Relevance of mental illness - whether sentence excessive having regard to Henry guideline 46 NSWLR R v Saalfeld [] NSWSC Remarks on Sentence. The offender told the deceased to give her a silver chain that the deceased's daughter had given to the deceased for her birthday. The dispute between the women escalated when the deceased accused the offender of stealing money from her purse.

The deceased happened to be walking along the same street but across the road. There was eyewitness evidence of the offender taking something out of her bag as she was crossing the road. Whether standard NPP appropriate. Sentenced to 22y with a NPP of 16 y. R v Hardes [] NSWCCA 82 Crown appeal. Total sentence of 3y 2m with a NPP of 2y 2m. Details of offences not stated. Rehabilitation - totality - assessment of objective criminality - whether sentences manifestly inadequate.

ASP v R [] NSWSC Application for redetermination of life sentence. Murder of KS - life imprisonment. Abduction with intent to carnally know KS; sexual intercourse without consent with KS; forcible abduction with intent to carnally know LB, administer stupefying drug to LB with intent to commit indictable offence; sexual intercourse without consent with LB; steal property of LB - total sentence of 20y, no NPP set.

Her body was discovered by a young boy a couple of days later. The applicant had approached 4 other women in the area that day before abducting the disabled woman. After being jailed for these offences, the applicant confessed to another sexual assault, which had taken place less than 3 weeks earlier. Both men raped the girl as her boyfriend was threatened with a replica handgun.

In about the applicant sexually assaulted his 5 year old daughter during a prison visit. Aged 27 at time of offending - guilty pleas - lenghty criminal history for sexual offences. Application refused; applicant directed not to reapply to Court for redetermination for a period of 7 years. Pollock v R [] NSWSC Application for redetermination of life sentence. Murder - life imprisonment. The applicant was unsuccessful in his appeal against conviction in That appeal was also dismissed: Redetermination of life sentence - objective seriousness of offence - totality.

Taber v R; Styman v R [] NSWCCA Conviction and sentence appeals. Each sentenced to a total of 18y with a NPP of 13 y. They subsequently appealed against their convictions. The instant appeal followed the retrial: The deceased was a 71 year old woman living alone. Ian Styman made a telephone call to the emergency services number some 24 minutes later, however, the emergency services operator failed to relay the message to police. The deceased died from dehydration.

Plea in bar - autrefois convict - where elements of offence overlap - abuse of process - admission of hearsay evidence pursuant to s. R v Kaliyanda [] NSWSC Remarks on Sentence. The offender was found guilty of the asphyxiation of the deceased, either by her being smothered or strangled with a soft ligature.

The deceased had last been seen leaving her place of work on It was the Crown case that the offender had killed the deceased. Sentenced to 20y with a NPP of 14y. Young v R [] NSWCCA Sentence appeal. Breach of GBB - 18m with a NPP of 9m commencing 6. Propensity for committing drug-related offences - steadfast disobedience of the law - retribution - deterrence - protection of society. Whether sentences manifestly excessive - error in failure to take pre-sentence custody into account.

Attorney-General for the State of New South Wales v Tillman [] NSWSC Judgment. Defendant subjected to interim extended supervision for 28 days subject to conditions. R v Joyce [] NSWSC Remarks on Sentence. The offender strangled his estranged wife with a necktie.

South v R [] NSWCCA Conviction appeal. The complainant was gang-raped at a party. Evidence supporting motive for complainant to lie - trial judge directs jury that there were a number of reasons it would not find that the complainant was lying, 'because why would she lie?

R v Durant [] NSWSC Remarks on Sentence. Some time later, the offender told the group to make a noise in order to wake the deceased. R v Leach [] NSWSC Remarks on Sentence. The offender's efforts at trying to get the baby to take a dummy were unsuccessful. This action caused the baby to stop breathing.

In the meantime, he tried to revive the baby as instructed by the operator. The offender gave different versions to police as to what had happened. He subsequently admitted to police that he had sat on the baby's body for a significant period. There was evidence of earlier injuries suffered by the baby, which were caused by the offender.

The offender asked that 2 further offences of assaulting the baby by striking her in the head area with an open hand causing ABH be taken into account. There was no evidence that he took any steps to address that risk.

The pathologist who conducted the post-mortem said those injuries formed a pattern consistent with an overall pattern of child abuse. Roads and Traffic Authority of New South Wales v Baldock [] NSWCCA 35 Stated Case. Proof of speed - speed measuring devices - photographic evidence of speeding offence - accuracy - evidence to the contrary. Nature of an appeal from the LC to the DC - not a 'hearing de novo '- r 20 Australian Road Rules - ss.

MG v R [] NSWCCA 57 s. The applicant's motion in the DC sought the following orders: A stay of the proceedings until further order of the court. That the Crown Prosecutor be restrained from further representing the Crown in these proceedings.

Whether applicant denied a fair trial by the prosecutor's conduct - whether stay should be granted- need to ensure proper administration of justice. Leave to appeal granted and the appeal upheld. Order that the trial of the applicant be stayed until a Crown prosecutor other than Ms Cunneen is appointed to prosecute the trial.

A v State of New South Wales [] HCA 10 On appeal from the SC of NSW. Appeal allowed in part; 2. Vary paragraph 1 of the orders of the Court of Appeal of the Supreme Court of New South Wales made on 2 September by adding the words "with costs" after "dismissed"; 3.

Set aside paragraphs 2 to 7 of the orders of the Court of Appeal of the Supreme Court of New South Wales made on 2 September and, in their place, order that the cross-appeal be dismissed with costs; and 4. The respondents to pay the appellant's costs of the appeal to this Court. Kutchera v R [] NSWCCA Sentence appeal. Obtain valuable thing by deception. One of the co-offenders was granted immunity for giving evidence against the applicant for the above offence, as well as giving evidence in the prosecution of others relating to a scheme to defraud the Office of State Revenue.

R v Douar [] NSWCCA Crown appeal. Guilty plea - conviction for further offences. Failure to fulfil undertaking to assist authorities - whether sentence manifestly inadequate. Attorney General for the State of New South Wales v Quinn [] NSWSC Application for interim detention order. Crimes Serious Sex Offenders Act NSW - evidence required for an application for an interim order under the Act - standard of proof - nature of the standard - a predictive risk assessment as to the probability that a particular offender is "likely" to commit a further serious sex offence.

Requirements for making interim detention order satisfied - material sufficiently established risk of re-offending for purpose of interim order - no relevant delay in making application - If delay were shown, not such as to provide basis for refusing interim order.

The deceased, a 53 year old father of two who had recently returned to work following a stroke, suffered massive head injuries.

The offenders were arrested by police at Strathfield station after being detained by CityRail transit officers. Police said it was during questioning about these crimes that evidence came to light about the offenders' involvement in the taxi driver's death. Each offender sentenced to a total of 6y with a NPP of 3 y. Attorney General v Jamieson [] NSWSC Application for interim detention order s. Order sought for 28 days. Sufficiency of supporting documentation - defendant likely to be deported upon release - fresh charges.

Order made for interim detention for 7 days; direction made for matter to be listed before Hidden J on R v Bunce [] NSWSC Remarks on Sentence. The offender confessed on national TV to murdering his former sister-in-law during the making of a bondage video. The deceased had agreed to make a pornographic video with the offender at the deceased's home in the Blue Mountains in March The offender was originally charged with the murder in Due to a lack of evidence, he was released from prison just days before his committal hearing in In Septemberduring an interview with Channel 9's A Current Affair programme, the offender bragged about how he had killed the deceased.

During his pre-sentence hearing he said he murdered the deceased, a 27 year old mother of 2, because she was trying to blackmail him. He said that he strangled her using a technique that left no evidence of strangulation.

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Guilty plea - aged 47 at time of sentence - lack of contrition - voluntary disclosure - utilitarian discount - sentencing practice as at date of commission of offence. Total sentence of 24y with a NPP of 18y. R v Robinson [] NSWSC Remarks on Sentence. The deceased had a 15 year old son from a previous relationship.

On the day of the killing, he went to the deceased's home, breaching the AVO, supposedly to ask questions "in relation to how come things went so sour the week prior".

Whilst at the deceased's home, the offender stabbed her a number of times. Aged 32 at time of offence - guilty plea - on conditional liberty at time of offence - remorse - rehabilitation. Intent - level of objective seriousness - intoxication - pre-meditation - aggravating factors - vulnerable victim - offence part of a planned criminal activity - standard NPP - deterrence.

Sentenced to a total of 21y with a NPP of 16y. AB v R [] NSWCCA Sentence appeal. Discharge firearm in public place; affray. Total sentence of 18m with a NPP of 6m. Agreed statement of facts. AB had secreted a loaded rifle in his pants. Whilst standing about 10 to 15 metres away from the victim, AB discharged the gun to the right of the victim in the direction of some houses.

AB then pointed the gun in the direction of the victim, who took evasive action. He was discharged the following day. The co-offender who stabbed the victim received the same sentence as the applicant. Parity - difficulties in applying parity principle where co-offenders dealt with on different charges. Derbas v R; Rustom v R [] NSWCCA Conviction appeals. Each sentenced to a total of 24y with a NPP of 17y. After becoming aware that they were at risk, they sought help from correctional officers to have arrangements made for their continued confinement at that Centre where they might be safe.

Against their wishes, both men were transferred to Parklea Correctional Centre. It was during these assaults that the deceased was stabbed twice, resulting in his death. R v Derbas and Rustom [] NSWSC Reliability of evidence - unofficial questioning - whether s. R v Hamilton; R v Sandilands [] NSWSC Remarks on Sentence.

Manslaughter by excessive self-defence. Accessory after the fact to manslaughter. Hamilton killed deceased, Sandilands helped to dispose of body - effect of lengthy custody on remand.

Hamilton - NPP of 2 y commencing Scicluna v R [] NSWCCA Conviction appeal. Knowingly take part in manufacture of methylamphetamine; supply methylamphetamine; possession of precursor hypo phosphorous acid ; possession of prohibited weapon stun gun. Total sentence of 4y 5m with a NPP of 2y 11m. The appellant was in bed at the time with a woman.

The woman's child was in the lounge room. There was a shed in the rear of the premises that had plainly been used to manufacture amphetamine. A stun gun was found in a drawer in a bedside table. Whether miscarriage of justice as a result of trial judge's failure to direct verdicts of not guilty on 2 counts - whether appropriate for trial judge to direct jury that it could take into account findings in respect of 1 charge when determining any other - whether verdicts unreasonable.

Vorhauer v R [] NSWCCA Conviction and sentence appeal. Aged 64 at time of sentence - appellant released to parole on Whether self-defence considered by jury - whether orders of the council and Land and Environment Court were valid - whether police had authority to enter premises - whether sentence excessive.

R v Tuigamala [] NSWSC Judgment on fitness to plead. The above offence occurred at a hotel where the appellant had been drinking with some companions. The appellant hit the deceased on the chin, which caused him to fall down, unconscious. The appellant, who was wearing boots, then kicked the deceased to the head with considerable force. R v Tuigamala [] NSWSC Following a successful appeal to the CCA, a new trial was ordered: Accused unfit to be tried for the crime charged; accused referred to the Mental Health Review Tribunal pursuant to s.

Cox v State of New South Wales [] NSWSC Judgment. Folbigg v R [] NSWCCA Application to re-open appeal. Application to re-open appeal allowed. Liao v R [] NSWCCA Sentence appeal. Aged 25 at time of sentencing - guilty plea at earliest opportunity - born in China - only child of moderately wealthy parents - completed high school in China - in Australia to further education - began dependency upon crystal methylamphetamine - developed serious gambling problem - socially isolated - high level anxiety, traumatic stress - motivation for offence to purchase airline ticket to China - ashamed to seek further funding from parents - no priors.

Reference to 'gratuitous' violence - whether breach of De Simoni principle - whether error in finding breached degree of trust. Johnston v R [] NSWCCA Conviction appeal. The victim lived in a unit above a shop owned by his parents. He returned home at about 2: He was later awakened by a very loud noise at his front gate.

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The victim suffered serious injury during the assault. A number of his possessions were stolen. The fundamental issue at trial was whether the victim correctly identified the appellant as one of his assailants. Appellant did not give evidence at trial - no directions given about right to silence - omission not identified by prosecution or defence counsel - Azzopardi direction required.

R v Petroulias No. The juror described as the absent juror discharged under s. Petroulias v R [] NSWCCA Appeal against order made in the DC that a trial then in progress proceed with a jury of 11 members. The trial taking place is a retrial. The jury at the present trail was selected on Following his arrest, bail was refused.

The juror has been disqualified from driving until Section 6 a of the Jury Act provides that a person is not qualified to serve as a juror if that person is presently disqualified.

The absent juror was at all times a person disqualified and accordingly was not qualified to serve as a juror. Assaf v R [] NSWCCA Sentence appeal. AOABH in company - 1 y with a NPP of 9m PD.

The bank refused payment. When the complainant's business partner went to the aid of the complainant, the attackers left the scene in the applicant's car, with the applicant driving. Appeal based on events subsequent to sentence - review of sentence for executive government not court.

Ballis v Randall [] NSWSC Search warrants - validity. Whether warrants granted as covert warrants - whether statutory scheme under Search Warrants Act NSW authorised covert search warrants. Plaintiffs entitled to relief by way of declaratory relief. Trindall v R [] NSWCCA Sentence appeal.

The offences were committed from to The17 charges involved 7 different victims. The applicant was originally sentenced on The Crown asserted that some errors were not corrected. Although the sentencing judge identified a document that he said would comprise the written record of the corrected sentences, the Crown suggested that it also contained typographical errors.

Order previously made suppressing names of victims continued. Pekbilimli v R [] NSWCCA Sentence appeal. The applicant broke into the pre-school area of the Holy Trinity Church at Beacon Hill by forcing a lock.

Applicant appeared for himself at appeal. Backdate of sentence - on parole at time of offence. R v Nguyen [] NSWSC Remarks on Sentence. The offender stabbed the owner of a newsagency a number of times before witnesses managed to drag the offender off the deceased.

Sentenced to18y with a NPP of 13 y. Further recommendation that those treatments be extended to offender during time on parole. Smith v R [] NSWCCA Sentence appeal. The applicant assaulted a disabled woman under his care. Aged 37 at time of offence - guilty plea - history of depression - low intellectual functioning - no priors.

R v Huynh [] NSWSC Remarks on Sentence. Murder; demand money with menaces. A 22 year old female student of the University of Technology was last seen alive as she drove her car out of a rented garage after having attended a lecture. Her body was discovered in the boot of her abandoned car some 4 days later.

The cause of death was strangulation. There were no other signs of injury. He also gave a warning not to inform the police. According to a forensic pathologist called by the Crown, the decomposition of the deceased's body indicated she had been in the position in which she was found for a period of hours, or possibly less. However, he conceded that it was possible the body had been there for a rather longer period, i.

The actual time of death became a significant issue at trial. Whether standard NPP to be applied - application of principles of totality. Sentenced to a total of 24y with a NPP of 18y. Roberts v R [] NSWCCA Sentence appeal.

Total sentence of 6y 9m with a NPP of 4y 9m. Special circumstances - whether error in calculation of sentence - parity - whether justifiable sense of grievance - impact of hardship on 3rd party.

Appeal allowed in part. Saban v R [] NSWCCA Sentence appeal. The Form 1 common assault offence took place when the applicant, waving a knife around, made jabbing motions towards a female victim's face. When her male friend intervened, the victim managed to run away, with the applicant following her, still holding the knife in his hand.

The other offence on the Form 1 related to the applicant approaching the Returns Desk at K-Mart in Bathurst with an unknown male, demanding the staff give the other male a refund for goods he supposedly wanted to return.

As there was no receipt, this was refused. The applicant then threatened staff. Whether insufficient weight given to prospects of rehabilitation - whether sentence manifestly excessive.

R v SG [] NSWSC Remarks on Sentence. Accessory after the fact to AOABH. They then drove to McDonalds in Parramatta, after which they went to a cinema in Auburn. Later that evening, they drove around Auburn, throwing eggs at strangers. The deceased, who came to Australia as a refugee with his family some months earlier, threw a drink bottle at the back of the car after KT threw an egg at him. Sentenced to 3y GBB.

McKenna v R [] NSWCCA Sentence appeal. Maliciously inflict GBH in company; AOABH in company. Total of 3y with a NPP of 20m. Four men attacked a man while he was walking in a street in Maroubra. At the time, the man was carrying his 5 week old baby daughter in a baby harness strapped to his chest. They picked JN for this purpose, even though the girlfriend had said that he was not the person who had assaulted her. They decided to attack him in any event. During the course of the attack, the baby was also injured.

Her injuries were particularly bad. Later she suffered from seizures for which she required medication. The Crown relied upon a joint criminal enterprise in relation to all 4 accused. Parity - whether justifiable sense of grievance - whether sentence excessive. Salvaggio v R [] NSWCCA Sentence appeal. Total sentence of 4y with a NPP of 3 y. When they returned to the applicant's unit, the applicant accused the victim of acting like a whore because some men had been speaking to her at the club.

She told him not to be stupid, that they were only talking to her, then she went to bed. The applicant then also went to bed. During the early hours of the morning, they started to argue. This escalated into abusive language. The victim looked inside her handbag for her car keys but they were not there.

The applicant had taken them. Neighbours eventually summoned police when they heard the victim screaming. Accumulation of sentences - special circumstance - whether sentence excessive.

Morris v R [] NSWCCA Sentence appeal. The above sentence was made partially accumulative upon a sentence being served for another offence. The applicant assaulted the victim who was walking past the premises where the applicant lived. The applicant told them he was sick of them. A witness said that as they hit the ground he saw the applicant produce a large knife. There was other evidence of 3 lacerations to the torso. Whether error in taking into account as aggravating factor the vulnerability of the victim - whether sentence manifestly excessive.

Total sentence of 4 y with a NPP of 2 y. The arrest of the applicant followed police surveillance upon premises. The investigating police considered the applicant's offer of assistance genuine, however, by the time the applicant was sentenced, all the co-offenders had pleaded guilty to various charges or were likely to plead guilty, which resulted in the applicant not having to give evidence.

They were sentenced in the LC, whereas the applicant was sentenced in the DC. Maximum penalty of offence wrongly stated - element of offence taken into account as aggravating factor - sentence manifestly excessive. R v SJRC [] NSWCCA s. After the ruling was made, the respondent's trial, fixed to commence that week, did not proceed. The respondent is alleged to have committed a number of sexual offences against the complainant. Immediately following the alleged offences, the complainant complained to a friend that the respondent had 'pretty much forced me to have sex with him'Over the following few days, the respondent sent text messages to the complainant that seemed to refer to the incident.

Relevance of evidence - probative value - whether appeal should be allowed. CTM v R [] NSWCCA Conviction and sentence appeal. Suspended sentence no other details given. The complainant accused the appellant of having had penile penetration. The appellant said that he knew the complainant from school. He said that at the beginning of the year, when they first met, she told him that she was aged 16 years. He said he just assumed that she was indeed 16 years old. Whether defence by reason of mistake of age exists - criminal responsibility - whether repeal of statutory defence gave rise to common law defence - statutory Interpretation - whether legislature intended to exclude common law defence when creating new child sexual assault offences - whether verdicts unreasonable in light of acquittal of more serious alternatives - failure to comply with provisions of Children Criminal Proceedings Act.

Consequences of repeal in of s. Chung v R [] NSWCCA Sentence appeal. Total sentence of 14 y with a NPP of 10 y. The Crown case was that the applicant, knowing his ex-wife was at work, forcefully broke into his ex-wife's apartment to gain access to his 2 daughters. At the time of gaining entry, the applicant was aware that a male friend the victim of his ex-wife was staying there. The applicant believed that his ex wife was having an affair with the victim.

Kafovalu v R [] NSWCCA Sentence appeal. Robbery in company; affray; AOABH; assault police officer in execution of duty thereby occasioning ABH; resist police officers in execution of duty.

NT v R [] NSWCCA Sentence appeal. Total sentence of 9y 9m with a NPP of 5y 9m. The applicant is the victim's stepfather. When the applicant met his wife, the victim was aged 3. Whether overall sentence manifestly excessive taking into account applicant's early guilty plea - whether sentencing outcome sufficiently reflective of finding of exceptional features identified by sentencing judge. Campbell v R [] NSWCCA Sentence appeal.

The applicant pleaded guilty to the above offences. With regard to the remaining offences, there was a very strong possibility that, even without the applicant's admissions, his guilt would have been established. Whether insufficient weight given to voluntary disclosure of guilt as per Ellis 6 NSWLR - whether sentence manifestly excessive. R v MAJW [] NSWCCA Question of law. Indictments - whether counts in indictment alleged essential factual ingredients of offences - amendment of indictment.

Question of law determined. Attorney General for New South Wales v Tillman [] NSWCA Appeal against decision of Hoeben J on Grant leave to appeal. Direct appellant to file and serve notice of appeal within 3 days.

Set aside the order made in para 61 1 of the judgment of Hoeben J dated 17 April In lieu, order pursuant to s16 1 of the Crimes Serious Sex Offenders Actthat the respondent be detained at a correctional centre on an interim basis for a period of 28 days from today.

Order pursuant to s20 1 of the Act that a warrant be issued for the committal of the respondent to a correctional centre for the period specified in order 5. No order as to costs. Direct that these orders be entered forthwith and an appropriate warrant issued.

Attorney General for the State of New South Wales v Tillman [] NSWSC Judgment. Renewal of interim detention order. Choi v R [] NSWCCA Conviction and sentence appeal. Customs officers in Brisbane searched a container that had been shipped from Antwerp. A controlled delivery then took place. The amount of pure MDMA was There was evidence that the appellant was a major player in the importation. Telephone intercepts - cross-examination of appellant - invitation by Crown for jury to use evidence of intercepted phone conversations not involving appellant - whether trial judge misdirected jury as to use they could make of those conversations - directions - warnings - whether sentence excessive.

R v Harris [] NSWCCA Crown appeal. Total sentence of 1y 10m with a NPP of 1y. The respondent was driving a stolen vehicle when he was stopped by police. Okafor v R [] NSWCCA Conviction and sentence appeal. Attempt possess commercial quantity heroin. Appellant appeared for himself in the CCA.

The appellant was arrested following months of police surveillance. Aged 20 - Nigerian national - no priors. Whether verdict unreasonable - whether listening device warrant invalid as a general warrant - whether sentence excessive.

Sultana v R [] NSWCCA Sentence appeal. When police attended the premises, they found a poster with blood on it. Subsequent analysis revealed a match with the applicant's DNA to the DNA from the blood located at the scene. DNA taken from the scene matched that of the applicant.

No property was stolen, however, there was extensive damage to the premises. Aged 28 at time of sentence - no priors until aged 24 - commenced offending in order to feed drug addiction.

Period of pre-sentence custody attributable to Form 1 offences - whether sentence should be backdated. Stevens v R [] NSWCCA Sentence appeal. Co-offender's conduct - aggravating factors - gratuitous cruelty to animals - offence in company. Keir v R [] NSWCCA Conviction appeal. This was a circumstantial case: