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Both counts alleged inflicting GBH, one count maliciously & with intent to do GBH. Proof of specific intent - partial defence of diminished responsibility - medical condition of depression - evidence of good character - role in criminal trial - relevance to defence of diminished responsibility - evidence not taken into account - error of law - miscarriage of justice - whether verdict supported by evidence - whether substitution for verdict of manslaughter on ground of diminished responsibility. SPYRIDIS, Nicholas - CCA, Conviction and sentence appeal. Sexual intercourse without consent; indecent assault. Crown withheld evidence of earlier complaint on misunderstanding of the law - what course to be taken - delay in complaint - need for Kilby direction in context of Crimes Act 1900 s.405B - need for balanced direction - 'why would complainant lie?
This led to him being charged with the above charges. GATIEN, Paul Anthony - CCA, 9.12.98Conviction appeal. Appellant indicted on 7 counts, 6 were for sexual offences & one was for AOABH.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3 x homosexual intercourse (s.78K); 4 matters on a Form 1.2nd indictment: 1 x indecent assault (s.61E(1) - since repealed); 2 x homosexual intercourse (s.78K); 1 x indecent assault (s.61N); 6 matters on a Form 1.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.Count 2: conviction appeal dismissed; sentence appeal allowed - sentenced to MT 3y, AT 1y. Accessory after the fact to robbery in company.3y GBB fine of ,000. Applicant & co-offender, armed with blood-filled syringe, approached 2 passengers on a train telling them it was infected with AIDS - stole 2 gold necklaces & money, ATM cards demanding to know the PIN numbers, all the time threatening to stab victims. Perjury (in the alternative, make false statement on oath).Addict - difficult childhood - guilty plea at earliest opportunity - prior conviction.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.
Pleaded not guilty - in poor health, suffering from Parkinson's disease - maintained innocence - declined to participate in sentencing proceedings - assistance to authorities. A passer-by came to her rescue & he was kicked in the chest. Accused & wife saw each other during this period & on occasions had sexual relations.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.Prior good character - good rehabilitation prospects - break-up of long-term relationship & death of father figure - parity. N - CCA, 8.12.98Application for leave to reopen hearing of issue dealt with by CCA (differently constituted) on 21.7.98 - operation of s.126H Evidence Act 1995 in its application to proceedings outside of trial itself, for example on return of subpoena.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).Total gross amount of heroin found at premises was 141 grams with a value of ,000. All charges arose out of a single series of events which involved applicant & his wife who were separated at the time. SLATTERY, Carl Rodney - CCA, 9.12.98Appeal against order refusing permanent stay.Attack upon wife outside her workplace following an argument with her the previous evening, striking the wife repeatedly with the butt of a shotgun with sufficient force to cause part of the wood of the butt to break away. Already serving a sentence at time of sentencing for above offences. Maliciously discharge gun with intent to do GBH; possess shortened firearm; possess unlicensed pistol. Fitness to be tried - special hearing held - found guilty of some offences by jury - subsequent review of forensic patients one year later - now found fit to plead. Appellant convicted of misprision of felony (common law misdemeanour triable on indictment) involving a sexual offence on appellant's daughter.