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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3 x homosexual intercourse (s.78K); 4 matters on a Form 1.2nd indictment: 1 x indecent assault (s.61E(1) - since repealed); 2 x homosexual intercourse (s.78K); 1 x indecent assault (s.61N); 6 matters on a Form 1.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.Lies - public deterrence - custodial sentence - vulnerability of taxi drivers working alone at night. LAU, Mun Loi - CCA, 4.12.98Sentence appeal.1 x knowingly concerned in importation of commercial quantity heroin (6.24 kgs) - 12y with NPP of 8y;1 x possess unlicensed firearm - 4y FT;1 x possess firearm on which serial number had been defaced - 2y FT. Opinion of forensic psychiatrist that applicant was a psychopath - severe personality disorder - drug addiction - no priors - appellant aged 24 - subjective factors - not premeditated - totality. ELDRIDGE, Jason John - CCA, 22.4.98Crown appeal.11 x steal MV; 2 x BE&S; 1 x larceny; 1 x possess implement capable of being used to enter & drive conveyance; 2 counts taken into account (negligent drive; ride motor cycle whilst unlicensed). Charges arose out of evidence given by respondent in Local Court when he was charged with possessing protected fauna (s.101(1) National Parks and Wildlife Act 1974).At the hearing he denied going into the national park with a rifle, however, later a rifle bearing the respondent's name was discovered in the park.
Respondent was the driver of a prime mover & trailer which collided with the rear of a station wagon travelling in the same lane. SCOTT, Ernest Clyde - CCA, 8.12.98Crown appeal against orders granting permanent stay of proceedings. At the time of the offences, the appellant was a practising.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.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 ,000 in supplier's bank accounts.Addict - difficult childhood - guilty plea at earliest opportunity - prior conviction.