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Other counts included enter building with intent to commit felony; assaults with intent to rob; assault; armed B&E; sexual assault. - CCA, Conviction appeal.3 x sexual intercourse with child (10 to 16) under authority. Found guilty of 2nd & 3rd counts, acquitted of 1st count. Knowingly take part in manufacture & supply large commercial quantity prohibited drug (methylamphetamine); supply large commercial quantity methylamphetamine. Directions - 4 day adjournment of trial between jury's question & trial judge's answer - whether jury entitled to convict. '- whether leave to argue this ground should be granted pursuant to Rule 4. GILBERT, Gavin John - CCA, Conviction appeal.2 x assault; armed with firearm with intent to commit assault. Cross examination of accused concerning fabrication by witnesses of their testimony - need for direction that evidence admitted to show relationship not to be used to conclude accused's propensity to offend - cross-examination of accused about statement by another person - Evidence Act s.44. KENNEDY, Michael Graham - CCA, 9.12.98Appeal against interlocutory order refusing permanent stay.
For counts 9 & 10, appellant sentenced to concurrent MT 8y, AT 4y on each count & cumulative upon sentence of 3y FT for sexual assault; for remaining counts sentenced to between 1y & 3y to be served concurrently with other sentences imposed. Appeal allowed on count 10: resentenced to 2y FT to be served concurrently with other sentences. Leaving of evidence to jury where competing versions of events given - sufficiency of warning under s.165 Evidence Act concerning complainant's evidence & delay in making complaint - verdict unsafe & unsatisfactory - duty of trial counsel to seek directions - admissibility of evidence of complaint. Child sexual assault charges: indecent assault (fellatio); a number of acts of sexual intercourse.
Both were arrested, the man found to be in possession of 22 foils of powder comprising 61% heroin & 39% glucose (total weight 1.05 grams).
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).
Held: applicant will not be in a position any more prejudicial if there is a refusal of leave, having regard to the circumstance that any trial judge will in the event be bound by the reserved judgement when it is handed down. In that time she & her sister distributed not less than 10 ozs heroin & deposited $80,000 in supplier's bank accounts.
Addict - difficult childhood - guilty plea at earliest opportunity - prior conviction.
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.
Admitted to long history of armed robberies - already imprisoned for murder - distributed heroin on large scale - paid bribes to corrupt police to avoid consequences of his criminality - gave false evidence in 2 judicial proceedings, one of which was to conceal a murder. A second passer-by came to assist & the applicant was detained until the police arrived. Accused believed their separation was temporary & they would be reconciled.RAWLINGS, John Albert - CCA, Conviction and sentence appeal.2 x indecent assault upon person under 16 (9y & 10y - same complainant); attempt carnal knowledge upon person under 16 (11y). Applicant aged 47 at outset of offences - excessive drinking - large family to support - alcoholic father - hardship to family. Complainant first complained 3 months after incidents alleged to have occurred but never been able to specify exactly when or where they took place.MT 9m, AT 3m.40 year delay before allegations to police - admissibility of complaint evidence - admissibility of evidence of other sexual misconduct - directions to jury thereon - Evidence Act 1995 ss.97, 101, 108, 137. HUTTON, Keith Robert - CCA, 3.4.98Sentence appeal.8 x BE&S; 8 x obtain benefit by deception; 60 similar offences on a Form 1. During committal applications 2 applications made on behalf of defence for complainant to give evidence at committal.The Court was advised on the day following the hearing & it was directed that application for leave to reopen be listed before the CCA in the ordinary course. Joint enterprise - applicant's sister charged with 2nd & 3rd counts.In the meantime, the CCA has heard extensive argument about the same issue in another matter & reserved its judgement. The 1st count related to a transaction which formed part of the larger enterprise in which both sisters were involved which police observed when conducting surveillance. Applicant involved in enterprise for more than 7 months.The jury acquitted appellant of counts 4, 6 & 7 & convicted him of count 5 only.Tags: Adult Dating, affair dating, sex dating