Evidence at trial pointed to intentional murder - attack with a spade upon victim described by sentencing judge as being 'with the greatest of savagery and violence, leading ultimately to the infliction of horrible injuries..'..
Robbery of victim planned at least 2 weeks prior to murder.
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.
Declined to wear body wire during delivery, declined to give statement to police of what was said, declined to give evidence against co-offender who pleaded not guilty. Appeal allowed: resentenced to concurrent FT of 6m on each offence. Appeal allowed: verdicts, convictions & sentences in respect of counts 1, 3, 8, 9, 10, 11 & 12 quashed, judgement of acquittal entered. Crown case circumstantial - in the particular circumstances trial judge not required to give Peacock direction ( Peacock v The King (1911) 13 CLR 619) - issues sufficiently identified - no miscarriage of justice - verdict not unsafe or unsatisfactory. Crown appeal allowed: pursuant to s.12(2) Criminal Appeal Act, issues identified by s.5(1)(b) Periodic Detention of Prisoners Act 1981 remitted to Smart J as single judge of Supreme Court to determine.
Applicant anticipated payment of US,000 for his role. CRISOLOGO, Antonio - CCA - 99 A Crim R 178Conviction appeal & Crown appeal.2 x sexual intercourse without consent (s.61I Crimes Act 1900). Imposition upon Commonwealth (s.29B Crimes Act 1914 (Cth).12m PD. In event of not being satisfied as to such issues, he is to be at liberty to make orders implementing sentence of 2y PD; in the event of any difficulty arising or Smart J not being so satisfied, he is to return the matter to the CCA. FORSYTH, David John - CCA, Conviction appeal.1 x sexual intercourse with child aged between 10 & 16y.
No priors - remorse expressed on many occasions - unstinted support of deceased wife's blood family - record in prison without blemish.
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.
FT 12m on 1st count; FT 18m on 2nd count; MT 4*y, AT 1*y on 3rd count.
Long history of drug abuse - history of re-offending. Sexual intercourse without consent in company (aggravated) - carrying max 20y. Complainant's mouth bitten during commission of offence - respondent's lack of contrition or remorse - sentence manifestly inadequate - Everett v The Queen (1994) 181 CLR 295 & R v Burnett (1996) 85 A Crim R 76 referred to - special circumstances. LEWIS-HAMILTON, Glen Carson - Vict SC, Ct of App, 8.4.97Conviction appeal.3 x rape and 3 x sexual penetration of child between ages of 10 & 16.
Conduct and attitude in gaol regarded as excellent - good prospects of further rehabilitation - family supportive. STEPHENS, Patrick James - NSW SC, Mc Inerney J, Redetermination of life sentence under s.13A Sentencing Act 1989. Applicant placed cyanide into an Orthoxicol capsule and gave it to his wife (a Malaysian woman) who was complaining of a headache, then he set about preparing dinner & approximately half an hour later he discovered his wife was dead.
He then wrapped her in a sheet, carried her outside & buried her in the back yard, emptying lime over the body before filling in the grave.