Total gross amount of heroin found at premises was 141 grams with a value of $60,000. All charges arose out of a single series of events which involved applicant & his wife who were separated at the time. SLATTERY, Carl Rodney - CCA, 9.12.98Appeal against order refusing permanent stay.Attack upon wife outside her workplace following an argument with her the previous evening, striking the wife repeatedly with the butt of a shotgun with sufficient force to cause part of the wood of the butt to break away. Already serving a sentence at time of sentencing for above offences. Maliciously discharge gun with intent to do GBH; possess shortened firearm; possess unlicensed pistol. Fitness to be tried - special hearing held - found guilty of some offences by jury - subsequent review of forensic patients one year later - now found fit to plead. Appellant convicted of misprision of felony (common law misdemeanour triable on indictment) involving a sexual offence on appellant's daughter.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 $80,000 in supplier's bank accounts.Addict - difficult childhood - guilty plea at earliest opportunity - prior conviction.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.For counts 9 & 10, appellant sentenced to concurrent MT 8y, AT 4y on each count & cumulative upon sentence of 3y FT for sexual assault; for remaining counts sentenced to between 1y & 3y to be served concurrently with other sentences imposed. Appeal allowed on count 10: resentenced to 2y FT to be served concurrently with other sentences. Leaving of evidence to jury where competing versions of events given - sufficiency of warning under s.165 Evidence Act concerning complainant's evidence & delay in making complaint - verdict unsafe & unsatisfactory - duty of trial counsel to seek directions - admissibility of evidence of complaint. Child sexual assault charges: indecent assault (fellatio); a number of acts of sexual intercourse.RAWLINGS, John Albert - CCA, Conviction and sentence appeal.2 x indecent assault upon person under 16 (9y & 10y - same complainant); attempt carnal knowledge upon person under 16 (11y). Applicant aged 47 at outset of offences - excessive drinking - large family to support - alcoholic father - hardship to family. Complainant first complained 3 months after incidents alleged to have occurred but never been able to specify exactly when or where they took place.
Respondent was the driver of a prime mover & trailer which collided with the rear of a station wagon travelling in the same lane. SCOTT, Ernest Clyde - CCA, 8.12.98Crown appeal against orders granting permanent stay of proceedings. At the time of the offences, the appellant was a practising.Realising what he had done, he dropped his daughter off at his brother's home & surrendered to the police, making full admissions. Police surveillance operation - monitored conversations between respondent & de facto as to ongoing supply of heroin.Respondent met a man in a car park & was observed to pass him an object.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.
Assistance to authorities - proportionality - discount - parity - sentence manifestly excessive.