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).
The wife was rescued by 3 members of the public & the applicant was held by these people until police arrived. Applicant apprehended following a covert police operation in which he had agreed, following receipt of cash, to supply heroin. NSW Mental Health (Criminal Procedure) Act ss.14, 24, 26. Crown alleged that appellant's de facto placed appellant's daughter's hand on his penis & used it to masturbate while the appellant sat next to him.
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 ($220,000); 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3 x homosexual intercourse (s.78K); 4 matters on a Form 1.2nd indictment: 1 x indecent assault (s.61E(1) - since repealed); 2 x homosexual intercourse (s.78K); 1 x indecent assault (s.61N); 6 matters on a Form 1.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.
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.
Both counts alleged inflicting GBH, one count maliciously & with intent to do GBH. Proof of specific intent - partial defence of diminished responsibility - medical condition of depression - evidence of good character - role in criminal trial - relevance to defence of diminished responsibility - evidence not taken into account - error of law - miscarriage of justice - whether verdict supported by evidence - whether substitution for verdict of manslaughter on ground of diminished responsibility. SPYRIDIS, Nicholas - CCA, Conviction and sentence appeal. Sexual intercourse without consent; indecent assault. Crown withheld evidence of earlier complaint on misunderstanding of the law - what course to be taken - delay in complaint - need for Kilby direction in context of Crimes Act 1900 s.405B - need for balanced direction - 'why would complainant lie?
Other counts included enter building with intent to commit felony; assaults with intent to rob; assault; armed B&E; sexual assault. - CCA, Conviction appeal.3 x sexual intercourse with child (10 to 16) under authority. Found guilty of 2nd & 3rd counts, acquitted of 1st count. Knowingly take part in manufacture & supply large commercial quantity prohibited drug (methylamphetamine); supply large commercial quantity methylamphetamine. Directions - 4 day adjournment of trial between jury's question & trial judge's answer - whether jury entitled to convict. '- whether leave to argue this ground should be granted pursuant to Rule 4. GILBERT, Gavin John - CCA, Conviction appeal.2 x assault; armed with firearm with intent to commit assault. Cross examination of accused concerning fabrication by witnesses of their testimony - need for direction that evidence admitted to show relationship not to be used to conclude accused's propensity to offend - cross-examination of accused about statement by another person - Evidence Act s.44. KENNEDY, Michael Graham - CCA, 9.12.98Appeal against interlocutory order refusing permanent stay.