Number of counts charging indecent assault & sexual intercourse without consent upon stepdaughter. Lawson & Thapa: Import not less than trafficable quantity heroin - guilty pleas - each sentenced to 3*y with 2y NPP. Refusal by trial judge to discharge jury - exceptional circumstances - possible influence on deliberations by jurors of media coverage of matters close to subject matter of trial. Miscarriage of justice - appellant claimed plea of guilty entered upon advice of counsel. NABALARUA, Peniasi - CCA, Conviction and sentence appeal.2 x armed robbery (shot gun). Appellant arrested for purpose of questioning - arrest illegal - Williams v The Queen (1986) 161 CLR 278 - admissions made free and voluntarily open on the evidence - no failure in exercise of discretion to admit admissions as not being unfair to appellant - failure of trial judge to properly consider requirements of s.138(3) Evidence Act on admissibility of admissions as contrary to public policy. Guilty verdict on counts 1 & 2, not guilty on count 3. Delay in complaint - complainant niece of appellant - warning as to reliability of complainant's evidence - inconsistency of verdict - whether conviction unsafe or unsatisfactory. TALBOT, Leonard John - CCA, Crown appeal.1 x B&E dwelling house in circumstances of special aggravation (max 25y);1 x abduction with intent to carnally know (max 14y);1 x sexual intercourse without consent in circumstances of aggravation (max 20y). Respondent one of four offenders who, armed with knives, tomahawk & shotgun, broke into farmhouse intending to rob owner.
Wu: Knowingly concerned in importation of not less than trafficable quantity heroin - guilty plea - sentenced to 9y with 6y NPP.(Max penalty on each offence 25y & fine not exceeding 0,000.)Lawson & Thapa couriers each aged only 18 - avoidance of tiered process of sentencing - tariff of sentences for drug couriers in R v Ferrer-Essis (1991) 55 A Crim R 231 - youth of couriers, relevance and weight. Period of 17 days during which applicant had been denied bail taken into account. Owner was absent but 20y old employee wounded by shotgun and 15y old girl acting as nanny to 3 small children abducted and subjected to brutal sexual violation. BYRAM, Maxine - NSW SC, Hidden J, Redetermination of life sentence under s.13A Sentencing Act 1989.
Submitted sentence on 3rd count manifestly excessive - reference made to R v Fathers (unreported, CCA, 31.8.94); R v Simpson (unreported, CCA, ); R v Muggeridge (unreported, CCA, 8.10.93). Guilty verdict on 2 sexual penetration counts, and not guilty on one count of sexual penetration and 3 counts of rape. - HC, 20.1.98 - 192 CLR 159; 72 ALJR 339Confessions & admissions - admissibility of - discretion to exclude - right to silence - duty to caution.
At time of s.13A application, applicant almost 60y of age.
No priors - remorse expressed on many occasions - unstinted support of deceased wife's blood family - record in prison without blemish.
Application allowed: resentenced to MT 10*y, AT 3*y.
HORE, Anthony John - NSW SC, Sperling J, Redetermination of life sentence under s.13A Sentencing Act 1989.
Murder (received life); rob with wounding & striking (received 14y).