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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.Respondent met a man in a car park & was observed to pass him an object.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).
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.
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.
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.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.