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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.
Sentence too harsh - insufficient weight given to subjective material. POLDEN, James Pryde MITCHELL, Kim Michelle - CCA, Sentence appeal. Polden played a more significant role in commission of the 2 offences in which Mitchell was involved & also faced punishment for 3 further offences. Sentences manifestly excessive - error in sentencing process - parity. Appellant made no attempt to stop the activity nor to bring the matter to the attention of the authorities. The common law offence of misprision of felony was abolished in 1990. Held: Common law rule that a married woman is immune from prosecution for misprision of felony where the felony is committed by her husband should not be extended to de facto wives. MADDOCKS, John David - CCA, Appeal against stated case.
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.
During the previous CCA hearing the Court was given misinformation concerning application of District Court Rule Pt.29 r.1. Count 3: knowingly take part in supply of heroin - concurrent FT 3y.Held: applicant will not be in a position any more prejudicial if there is a refusal of leave, having regard to the circumstance that any trial judge will in the event be bound by the reserved judgement when it is handed down. In that time she & her sister distributed not less than 10 ozs heroin & deposited ,000 in supplier's bank accounts.Addict - difficult childhood - guilty plea at earliest opportunity - prior conviction.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.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.