Applicant, who pleaded guilty, was one among nine offenders sentenced via the sentencing choose whom he described as becoming Portion of a gang of shoplifters. He thought of each offender as becoming a significant cog during the wheel on the gang's things to do, which comprised very well prepared, organised & executed assaults on significant stores.
Whether or not & to what extent decide entitled to act on hearsay content - probation & parole report & statements created from the bar table - correct allowance for guidance to authorities regarded.
Respondent arrived in Australia by air. He inadvertently ticked the incorrect box around the incoming passenger card, therefore indicating he did not have forex with him in surplus of $AUD10,000.
Applicant was arrested in the midst of a surveillance Procedure which culminated in the research of his residential premises.
Appeal allowed insofar as NPP decreased to 15m, conditional upon applicant subjecting himself on the supervision & steering of the Probation and Parole Company & obeying all fair directions in relation to psychiatric cure and/or counselling (which include in particular to starting off of fires) & having of medication prescribed by a clinical practitioner. a hundred and fifteen LAKE, Clarence Victor - CCA, 21.two.2003
Applicant appeared for himself inside the CCA. He claimed that he experienced pleaded responsible due to the fact prison psychiatrists had administered medicines which experienced deprived him of the chance to Consider Evidently & he were coerced into pleading guilty by his lawful representatives & via the sentencing judge himself.
Enchantment authorized: Decide's final decision refusing to terminate trial put aside; applicant's trial be terminated & a completely new demo requested.
Applicant entered a plea of responsible. He was one of four folks determined in a very community associated with the availability of heroin & cocaine. The supply outlet was a hotel in Kings Cross. Applicant & a co-offender were being accountable for the availability of heroin & cocaine from the home during the resort. The medicine had been marketed in capsules contained inside rubber balloons. Pink balloons contained .25 grams of heroin & sold for $80; inexperienced balloons contained .20 grams of heroin & sold for $fifty; yellow balloons contained .
The Crown scenario was that appellant & his co-offender ended up engaged in the availability of cannabis in Deniliquin. To confirm its circumstance the Crown relied on surveillance & some circumstantial proof, but primarily on 57 telephone intercepts of discussions between suppliers & the co-offender, in addition to These amongst appellant & the co-offender.
Each applicants pleaded responsible to murder. The deceased, a taxi driver, died some 12 hours after staying punched & kicked through the applicants. The assault on the taxi driver lasted at the least 10 minutes.
Aged 29 at time of offence - on bail awaiting demo for another make any difference at enough time in the killing - priors contain AOABH; maliciously inflict GBH - earlier imprisonment - educated to 12 months ten - irregular employment in unskilled positions.
The Northern Beach locations include a number of Seashore communities extending north alongside the coast. On the whole, Just about every Seaside suburb is at the conclusion of a spur road extending from your Captain Prepare dinner Freeway.
All offences were reported to are already dedicated in circumstances of aggravation, the complainant staying aged thirteen at the time. Appellant pleaded guilty towards the 1st & 6th counts. He was convicted within the 2nd rely & acquitted on all other counts.
Whether mistake in putting out as irrelevant part of Crown witness' testimony favourable to appellant's declare - no matter if error in not allowing appellant to cross-analyze on proof that was struck out - no matter whether hearsay evidence admissible at prevalent regulation as prior consistent assertion - no matter whether admissible beneath ss.65 or sixty six Proof Act 1995 - irrespective of whether exclusion gave rise to miscarriage of justice - regardless of whether mistake in creating check out here appellant aware in existence of jury the consequences of s.