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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.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.These applications opposed by prosecution & refused by magistrate. DOUGLAS, Trevor Anthony - CCA, Crown appeal.2 x dangerous drive causing death.12m PD.The accused was angry, left the house, obtained an iron bar & knife, returned & struck wife on the head with the bar & stabbed her a number of times. The effect of the backdating of the MT was to allow respondent's immediate release on parole.Realising what he had done, he dropped his daughter off at his brother's home & surrendered to the police, making full admissions. Police surveillance operation - monitored conversations between respondent & de facto as to ongoing supply of heroin.
Before arraignment, sentencing judge refused application by appellant that counts 9 & 10, based on identical facts, should not be permitted to stand together on basis of double jeopardy.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3 x homosexual intercourse (s.78K); 4 matters on a Form 1.2nd indictment: 1 x indecent assault (s.61E(1) - since repealed); 2 x homosexual intercourse (s.78K); 1 x indecent assault (s.61N); 6 matters on a Form 1.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).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.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.