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21-Sep-2019 15:06 by 2 Comments

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Section 66EA was inserted into the Crimes Act by the Crimes Legislation Amendment (Child Sexual Offences) Act 1998 (NSW). Maliciously inflict GBH with intent.8y with NPP of 5y.

Each of the victims was injured, although not seriously.In all, 9,093 was obtained by the appellant over a 3 year period.Appellant initially pleaded not guilty to all charges & the trial proceeded to a point where the only material outstanding in the Crown case was evidence of 4 witnesses, one of whom was appellant's brother.The respondent was in a relationship with the victim's mother for 10 years & stayed at her home on a regular basis.During that time, he assumed the role of step-father to the victim.Evidence of prior incidents of violence - whether wrongly admitted - relationship evidence - tendency evidence - probative value - unfair prejudice - whether directions adequate. WILSON, Linda - NSW SC, Miles AJ, Citation: R v Wilson [2003] NSWSC 1257Remarks on Sentence. Offender went to trial on a charge of murder, however, the jury returned a verdict of not guilty of murder but guilty of manslaughter.

The prosecution case was that the offender, who was the foster mother of the 2 year old deceased, had inflicted injuries upon the child with intent to cause GBH & that the child had died from those injuries.The Executive Chairman of Impulse said the reason he told the appellant was that he was interested in buying the appellant's residence in Rose Bay but would have to make a conditional offer while waiting for the merger to go through.He gave evidence that he told the appellant that because the appellant had been told this information, the appellant would not be able to trade in Qantas shares.Whether miscarriage of justice - actual or ostensible bias of trial judge - former professional association - whether 'personal animosity'involved in sentence - whether trial judge erred in not directing verdict of acquittal - meaning of 'information'- admissibility of evidence - prejudicial/probative value - medical evidence as to witness' capacity to give reliable evidence - whether summing up unfair - judicial comment/warning - whether verdict unreasonable - expert evidence - mental element of offence - fresh evidence of undiagnosed meningioma - relevance on appeal to issues of fitness to stand trial. O'BRIEN, Donald George - CCA, Grove J, Smart & Davidson AJCitation: R v O'Brien [2003] NSWCCA 400Application for leave to withdraw pleas of guilty.31 x fraud offences (4 counts contrary to s.29D Crimes Act 1914 (Cth); 3 counts contrary to s.178A Crimes Act 1900; 24 counts contrary to s.178BA Crimes Act 1900).Total of 3*y with NPP of 2y 8m All offences arose from the one criminal enterprise whereby appellant falsely represented himself as a registered customs agent to 4 companies & lodged Nature 10 documents to the Customs Department which fraudulently represented the nature of the imported cargo so that a Customs duty exemption was claimed.The applicant was sentenced upon the basis that his intent to inflict GBH was not premeditated. GAO, Zhen Yu Michael - CCA, Sully, Greg James & Adams JJCitation: R v Gao [2003] NSWCCA 390Conviction and sentence appeal.1 x knowingly concerned in the importation of a commercial quantity of heroin.12y with NPP of 8y.

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