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Applicant was at large at the time of the above offences, having escaped from lawful custody 7 months before. Severity - accomplishments attained since incarceration (furthered education, completed drug & alcohol course). On the day in question, the wife told accused she would not return to him & was going to take their daughter away from him & mistreat her. MT 3m (to date from 17.5.98 & expire on 16.8.98), AT 9m. Respondent had been in custody, bail refused, on 2 occasions (approx 2 months in 1993 & 1 month in 1997).
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.
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 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.
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.
Respondent met a man in a car park & was observed to pass him an object.
Pleaded not guilty - in poor health, suffering from Parkinson's disease - maintained innocence - declined to participate in sentencing proceedings - assistance to authorities. A passer-by came to her rescue & he was kicked in the chest. Accused & wife saw each other during this period & on occasions had sexual relations.
Admitted to long history of armed robberies - already imprisoned for murder - distributed heroin on large scale - paid bribes to corrupt police to avoid consequences of his criminality - gave false evidence in 2 judicial proceedings, one of which was to conceal a murder. A second passer-by came to assist & the applicant was detained until the police arrived. Accused believed their separation was temporary & they would be reconciled.
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.
The judge directed the jury to acquit on counts 1, 2 & 3.