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Appellant foreign national who arrived at Sydney on flight from Venezuela via Buenos Aires. Corporate crime - 2 charges under s.229(4) and 1 charge under s.564(1) Companies (NSW) Code. Applicant took delivery from 3 co-offenders of 14.3 kg (9.7 kg pure). Future co-operation & undertakings taken into account - 12m pre-sentence custody taken into account. Submitted sentence unduly severe & lacks parity with those passed on co-accused. No evidence led at trial in support of one count - verdicts of not guilty on 4 counts, verdicts of guilty on remaining 7 counts. R v Dodd (1991) 56 A Crim R 451; R v Carey (1990) 50 A Crim R 163; Ahern v The Queen (1988) 165 CLR 87; Tripodi v The Queen (1961) 104 CLR 1 referred to. Parcel which arrived at Sydney Airport from Singapore found to contain 328 grams heroin secreted in coffee jar. SPEDDING, Andrew Douglas - CCA, Conviction and sentence appeal. Argued that inadequate accomplice warnings were given & that failure to accept accomplice's evidence against co-accused rendered the conviction of the appellant unsafe. Recognizance in the sum of

Appellant foreign national who arrived at Sydney on flight from Venezuela via Buenos Aires. Corporate crime - 2 charges under s.229(4) and 1 charge under s.564(1) Companies (NSW) Code. Applicant took delivery from 3 co-offenders of 14.3 kg (9.7 kg pure). Future co-operation & undertakings taken into account - 12m pre-sentence custody taken into account. Submitted sentence unduly severe & lacks parity with those passed on co-accused. No evidence led at trial in support of one count - verdicts of not guilty on 4 counts, verdicts of guilty on remaining 7 counts. R v Dodd (1991) 56 A Crim R 451; R v Carey (1990) 50 A Crim R 163; Ahern v The Queen (1988) 165 CLR 87; Tripodi v The Queen (1961) 104 CLR 1 referred to. Parcel which arrived at Sydney Airport from Singapore found to contain 328 grams heroin secreted in coffee jar. SPEDDING, Andrew Douglas - CCA, Conviction and sentence appeal. Argued that inadequate accomplice warnings were given & that failure to accept accomplice's evidence against co-accused rendered the conviction of the appellant unsafe. Recognizance in the sum of $1,000 to be of good behaviour for 3y.Baggage included windsurfer which contained cocaine. Agreed to participate in controlled delivery which led to arrest of co-offender, who was previously unknown to Australian Federal Police. Charges under s.229(4) were in respect of improper use respondent made of position as officer of 2 companies; charge under s.564(1) related to respondent as officer of company making available certain information to auditor of company's holding company which omitted matter which made information misleading in a material respect. General and specific deterrence - relevance of good character - lateness of guilty plea - remorse - considerations whether failure to impose custodial sentence demonstrates error. Self-defence - appellant threatened to rape victim's wife - victim responded to wife's call for help & threatened appellant with bottle - appellant stabbed victim. Original complaints in 1985 not proceeded with - complaints revived in 1996 - unexplained differences between allegations made in 1985 & those made in 1996 - absence of corroboration - untruths. M v The Queen (1994) 181 CLR 487; VRJ v The Queen (unreported, HC, 2.12.97) applied. - CCA, 3.12.97Conviction appeal.4 x sexual assault. Parcel repacked with substituted material and delivered.8y with 5y NPP. Held adequate accomplice warnings given - conviction not unsafe. WARD, Mark Anthony - CCA, 3.12.97Sentence appeal.1 x aggravated B & E (victim stabbed & left incarcerated in cupboard - max 25y); 1 x attempt robbery whilst armed (max 20y).54 offences on a Form 2 taken into account in sentencing, comprising 43 x BE&S, 2 x B&E with intent, 9 x larceny, 1 x enter enclosed land. Appellant 26y at time of sentencing - extensive criminal history involving offences of dishonesty, some drug matters, serious driving matters and assault. WHYTE, Gregory John - CCA, 8.12.97Sentence appeal.3 x aggravated dangerous drive occasioning GBH. Abuse of senior position - deterrence of 'rorting'.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.Submitted sentence on 3rd count manifestly excessive - reference made to R v Fathers (unreported, CCA, 31.8.94); R v Simpson (unreported, CCA, ); R v Muggeridge (unreported, CCA, 8.10.93). Guilty verdict on 2 sexual penetration counts, and not guilty on one count of sexual penetration and 3 counts of rape. - HC, 20.1.98 - 192 CLR 159; 72 ALJR 339Confessions & admissions - admissibility of - discretion to exclude - right to silence - duty to caution.

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Appellant foreign national who arrived at Sydney on flight from Venezuela via Buenos Aires. Corporate crime - 2 charges under s.229(4) and 1 charge under s.564(1) Companies (NSW) Code. Applicant took delivery from 3 co-offenders of 14.3 kg (9.7 kg pure). Future co-operation & undertakings taken into account - 12m pre-sentence custody taken into account. Submitted sentence unduly severe & lacks parity with those passed on co-accused. No evidence led at trial in support of one count - verdicts of not guilty on 4 counts, verdicts of guilty on remaining 7 counts. R v Dodd (1991) 56 A Crim R 451; R v Carey (1990) 50 A Crim R 163; Ahern v The Queen (1988) 165 CLR 87; Tripodi v The Queen (1961) 104 CLR 1 referred to. Parcel which arrived at Sydney Airport from Singapore found to contain 328 grams heroin secreted in coffee jar. SPEDDING, Andrew Douglas - CCA, Conviction and sentence appeal. Argued that inadequate accomplice warnings were given & that failure to accept accomplice's evidence against co-accused rendered the conviction of the appellant unsafe. Recognizance in the sum of $1,000 to be of good behaviour for 3y.

Baggage included windsurfer which contained cocaine. Agreed to participate in controlled delivery which led to arrest of co-offender, who was previously unknown to Australian Federal Police. Charges under s.229(4) were in respect of improper use respondent made of position as officer of 2 companies; charge under s.564(1) related to respondent as officer of company making available certain information to auditor of company's holding company which omitted matter which made information misleading in a material respect. General and specific deterrence - relevance of good character - lateness of guilty plea - remorse - considerations whether failure to impose custodial sentence demonstrates error. Self-defence - appellant threatened to rape victim's wife - victim responded to wife's call for help & threatened appellant with bottle - appellant stabbed victim. Original complaints in 1985 not proceeded with - complaints revived in 1996 - unexplained differences between allegations made in 1985 & those made in 1996 - absence of corroboration - untruths. M v The Queen (1994) 181 CLR 487; VRJ v The Queen (unreported, HC, 2.12.97) applied. - CCA, 3.12.97Conviction appeal.4 x sexual assault. Parcel repacked with substituted material and delivered.8y with 5y NPP. Held adequate accomplice warnings given - conviction not unsafe. WARD, Mark Anthony - CCA, 3.12.97Sentence appeal.1 x aggravated B & E (victim stabbed & left incarcerated in cupboard - max 25y); 1 x attempt robbery whilst armed (max 20y).54 offences on a Form 2 taken into account in sentencing, comprising 43 x BE&S, 2 x B&E with intent, 9 x larceny, 1 x enter enclosed land. Appellant 26y at time of sentencing - extensive criminal history involving offences of dishonesty, some drug matters, serious driving matters and assault. WHYTE, Gregory John - CCA, 8.12.97Sentence appeal.3 x aggravated dangerous drive occasioning GBH. Abuse of senior position - deterrence of 'rorting'.

,000 to be of good behaviour for 3y.

Baggage included windsurfer which contained cocaine. Agreed to participate in controlled delivery which led to arrest of co-offender, who was previously unknown to Australian Federal Police. Charges under s.229(4) were in respect of improper use respondent made of position as officer of 2 companies; charge under s.564(1) related to respondent as officer of company making available certain information to auditor of company's holding company which omitted matter which made information misleading in a material respect. General and specific deterrence - relevance of good character - lateness of guilty plea - remorse - considerations whether failure to impose custodial sentence demonstrates error. Self-defence - appellant threatened to rape victim's wife - victim responded to wife's call for help & threatened appellant with bottle - appellant stabbed victim. Original complaints in 1985 not proceeded with - complaints revived in 1996 - unexplained differences between allegations made in 1985 & those made in 1996 - absence of corroboration - untruths. M v The Queen (1994) 181 CLR 487; VRJ v The Queen (unreported, HC, 2.12.97) applied. - CCA, 3.12.97Conviction appeal.4 x sexual assault. Parcel repacked with substituted material and delivered.8y with 5y NPP. Held adequate accomplice warnings given - conviction not unsafe. WARD, Mark Anthony - CCA, 3.12.97Sentence appeal.1 x aggravated B & E (victim stabbed & left incarcerated in cupboard - max 25y); 1 x attempt robbery whilst armed (max 20y).54 offences on a Form 2 taken into account in sentencing, comprising 43 x BE&S, 2 x B&E with intent, 9 x larceny, 1 x enter enclosed land. Appellant 26y at time of sentencing - extensive criminal history involving offences of dishonesty, some drug matters, serious driving matters and assault. WHYTE, Gregory John - CCA, 8.12.97Sentence appeal.3 x aggravated dangerous drive occasioning GBH. Abuse of senior position - deterrence of 'rorting'.

Sentenced to 10y with 7*y NPP backdated to date of arrest. Mc CAULEY, Brian Michael - CCA, Application for extension of time to appeal against sentence. Quantity involved in relation to 3 co-offenders was 21.5 kg gross, equivalent to 14.9 kg pure. - CCA, Conviction appeal.12 x sexual offences committed against 2 complainants (both sisters & both nieces of appellant - 4 x act of indecency; 6 x sexual intercourse without consent; 2 x assault with act of indecency). Held differences in verdicts explicable on a rational basis. Crown entitled to lead evidence to show actual supply - Drugs Misuse & Trafficking Act 1985 ss.25(1), 29. Knowingly concerned in importation of trafficable quantity heroin. Admissibility of evidence of complaint pursuant to Evidence Act 1995 ss.66, 108(3)(b) - not limited (s.136) - alleged inconsistencies in evidence properly referred to by trial judge - not unsafe or unsatisfactory - fresh evidence - no significant possibility that jury acting reasonably would have acquitted appellant because of this evidence. PAVY, Errol Peter - CCA, 9.12.97 - 98 A Crim R 396Application for certificate under the NSW Costs in Criminal Cases Act (1967) following successful appeal from conviction for murder. Held, granting certificate pursuant to Costs in Criminal Cases Act 1967 s.2:(i) The mere fact that conviction set aside as unsafe & unsatisfactory does not necessarily mean it was unreasonable to institute proceedings;(ii) It was unreasonable to institute prosecution in circumstances where medical evidence available to Crown not capable of excluding reasonable possibility that applicant shaking baby was not the cause of death. Principal evidence against both was that of an accomplice. WILSON, Thomas Hudson - CCA, Conviction and sentence appeal. Identification evidence; sufficiency of visual identification of assailant who was wearing balaclava that left central area of face exposed - sufficiency of subsequent video identification - sufficiency of directions. Intent to obtain financial advantage by false publication.Applicant suffering from physical disability leading to reactive depression - no abnormality of mind at time of murder. ROYALL, Kym William - NSW SC, Dunford J, 26.9.97Redetermination of life sentence under s.13A Sentencing Act 1989. Forcible entry into bathroom resulting in violent struggle between appellant and deceased.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.RADFORD, Gregory Arthur - CCA, 3.12.97Sentence appeal.1 x sexual assault (received MT 3y 9m, AT 1y 3m); 1 x AOABH (received concurrent FT 2y).Applicant and victim married - turbulent relationship - separated - victim had custody of their 2 children & applicant had limited rights of access - applicant had previous convictions for assaulting victim & breaching domestic violence order, for contravening domestic violence order, as well as convictions for various assault offences. ROBERTS, Peter - CCA, 8.12.97Sentence appeal.3 x supply amphetamine; plus drug offences & driving offences contained in two separate Form 2 documents taken into consideration in sentencing.

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Anti social tendencies commenced well before murder - series of offences commencing before age of 13y - previous custodial imprisonment for robbery.

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