Parole Orders (Transfer) Act 1983 (NSW), parole order ceased to be in force in NSW from date of registration in Queensland, therefore sentencing judge had no power to revoke parole order.
Full text of "Exhibitors Herald World" - Internet ArchiveOn the basis of conversations intercepted, police calculated that applicant had during a period of little less than a month supplied 5,783 grams cannabis leaf.Guilty pleas - timing of pleas - role in offences - whether sentence excessive.Prisoner denied assaulting deceased, maintaining she had fallen in the shower.Short Notes 2001 Back to Top. Justice. it & stealing liquor, money from a cigarette dispenser, a safe containing $3,860 as well as keys to the club & poker.Application lodged merely because, in the event that the appeal against the sentence imposed in the 1st trial should succeed, it would be necessary to adjust the commencement date of the sentence imposed in the 2nd trial.Quantity of heroin imported was 1.9264 kgs (69.8 to 74.3% purity).Evidence of importation technique similar to previous yacht journeys with dinghy of specific design - appellant said to have asserted knowledge of previous journeys but not to have been involved in them.Whether evidence of DNA test results had substantial probative value - Held: Yes.
Aged 42 at time of offences - chronic bi-polar disorder - no priors - episodes of violence in relationship.There was no suggestion that either of the deceased had given any provocation or presented any danger or impediment to the accused.That witness died after the committal proceedings but prior to the trial.
KG was acquitted following a trial in which he faced 2 counts of unlawful carnal knowledge of a girl under 16.Applicant had originally been sentenced to life imprisonment.In doing this, his eyes were below the level of the dashboard.Appellant refused to answer questions regarding the stolen cheques.Respondent arrived at Sydney Airport aboard a flight from Bangkok.Sentencing judge accepted that offender was overcome with remorse.
The Sydney Morning Herald from Sydney, New South Wales onAlthough she subsequently did commence service of the PD, she did so in a manner which the authorities thought to be in every way unsatisfactory.
Need to fix appropriate sentences for each offence - error in not finding special circumstances - error in giving only minimal consideration for pleas of guilty at earliest opportunity -.Crime (Sentencing Procedure) Act 1999 - whether sentences excessive.Aboriginal - itinerant lifestyle - alcohol abuse - lengthy criminal record including offences of violence - previous imprisonment.Indecent assault. 12m GBB. Primary objective of appeal was to have the formal conviction expunged.The sentencing judge deferred passing sentence upon the condition that the appellant enter a 5y GBB.Appeal allowed on 2nd count: resentenced to 5y with NPP of 3y, cumulative.Pearce - sentence on one count manifestly excessive - special circumstances - youth - need for rehabilitation.
They put her out of the car when she refused to have sex with co-offender.The jury returned verdicts of not guilty on all but one count.It came before the Court on 11.12.200 - judgment published on 22.2.2001. Applicant on parole at time of offences.Aged 44 - long criminal history, starting at age 13 - substance abuse - personality disorder with antisocial qualities - problems with anger management - degree of institutionalisation - unresolved issues to do with women.Directions to jury - failure to call evidence on behalf of defence - circumstantial case - principles of parity.
Appellant went home, obtained a.22 shortened rifle then went in search of the victim.Applicant was arrested on some other matters and, although not a suspect in the above matter, he indicated he wished to provide information about a number of matters.Appeal allowed: sentence quashed, matter remitted to DC for redetermination of sentence.Not guilty plea on arraignment, later changed plea to guilty.Self-defence - whether occasion for self-defence had ceased - provocation -.
After that, applicant twice had penile-vaginal sexual intercourse with her.Huang: Guilty plea to 1 x supply prohibited drug (heroin) on 3 separate occasions - 8y with NPP of 6y.The offences were committed upon 6 different victims over a 24 hour period.Held: Judge erred in granting leave to cross examine without considering s.192(2).The prosecution case was that the appellant was shown taking part in the robbery in photographs taken by bank security cameras.Aboriginal - aged 36 at time of offence - deliberate act accompanied by requisite intent for murder - mental responsibility for that act substantially impaired by abnormality of mind - intent to inflict GBH.Sentencing judge also made remarks with reference to PD applicant received for that offence saying that at the time of the commission of the subject offence, he was not living up to expectations in respect to his PD sentence.Complainant agreed to pick up applicant later in the day to take him to see their child one more time, then she would take him to the airport.
Deceased, together with his brother, went to the home of accused, deceased armed with a cricket bat.This video was admitted into evidence, but without a soundtrack.In 1983 applicant was sentenced to life imprisonment for the murder of his daughter (aged 3).Failure to give proper consideration to psychiatric illness - auditory hallucinations - failure to reduce weight given to general deterrence - whether sentence manifestly excessive.Knowingly concerned in importation of trafficable quantity cocaine.
While accepting he had caused the death of the deceased, the accused had no recollection of having done so.Applicant supplied an undercover police officer with heroin on 5 occasions over a 1 month period (total of 7.05 grams). On all 5 occasions the undercover police officer approached the applicant at his home, whereupon the applicant supplied the officer with heroin.Victim was taken to hospital, having sustained internal injuries.Second special leave application where special leave previously refused.
Principles applicable to interfering with sentencing discretion - effect of mental abnormality on sentence - late plea of guilty - monetary motivation - personal deterrence.He brandished a piece of wood under his shirt, pretending it was a gun.