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Directions - supporting evidence - complaint evidence. N, P - NSW SC, Graham Barr J, Count 1: manslaughter (originally charged with murder but pleaded guilty to manslaughter). After a fight between the accused's friends & 3 young Aboriginal men outside a shop after the young Aboriginal men had been asked to leave the premises & the accused's friends took it upon themselves to escort them from the shop, the accused armed himself with kitchen knife & accompanied his friends to a park. BOUREL, Alan - CCA, Sentence appeal.2 x knowingly concerned in importation of trafficable quantity methylenediozymethylamphetamine (known as MDA or ecstasy).
A group of Aboriginal men in the park saw the accused's group approaching & some of the Aboriginal group armed themselves with fence palings & ran off into a laneway where they were attacked by the accused & his friends, giving rise to the above charges. MT 4*y, AT 2*y.1,798 tablets analysed as containing 16.3 grams MDMA & 315.5 grams MDP-2-MB (both known as Ecstasy) with an estimated street value of ,000.
Search of respondent's premises revealed powder comprising 60.5% heroin & 39.5% sucrose, some bound with tape, some in plastic bags & some in 15 foils similar to those supplied to the man in the car park. Maliciously inflict GBH (s.34(b) Crimes Act; firing firearm in public place (s.93G(1)(b)); 3 further charges taken into account (possess unlicensed firearm; possess loaded firearm in public place; carry or fire firearm in manner likely to endanger safety of another). MT 11m, AT 2y (his Honour finding special circumstances).
Assistance to authorities - proportionality - discount - parity - sentence manifestly excessive.
Appeal allowed, resentenced: Count 2: MT 2y, AT 1y 4m; Counts 1 & 3: concurrent FT 1*y on each. Victim shot by accused at Botany Beach - witness forced to bury body - witness threatened - body discovered 12 years later - admissions to fellow-prisoner - fellow-prisoner made tape recordings of admissions. Premeditated, cold-blooded killing with the accused taking great steps to conceal his crime. Applicant snatched bag from a young woman containing the takings of her employer which she was taking to the bank. Young daughter lived with accused, however she spent some time with her mother each week.
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.