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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.Directions - supporting evidence - complaint evidence. N, P - NSW SC, Graham Barr J, Count 1: manslaughter (originally charged with murder but pleaded guilty to manslaughter). After a fight between the accused's friends & 3 young Aboriginal men outside a shop after the young Aboriginal men had been asked to leave the premises & the accused's friends took it upon themselves to escort them from the shop, the accused armed himself with kitchen knife & accompanied his friends to a park. BOUREL, Alan - CCA, Sentence appeal.2 x knowingly concerned in importation of trafficable quantity methylenediozymethylamphetamine (known as MDA or ecstasy).A group of Aboriginal men in the park saw the accused's group approaching & some of the Aboriginal group armed themselves with fence palings & ran off into a laneway where they were attacked by the accused & his friends, giving rise to the above charges. MT 4*y, AT 2*y.1,798 tablets analysed as containing 16.3 grams MDMA & 315.5 grams MDP-2-MB (both known as Ecstasy) with an estimated street value of ,000.The jury acquitted appellant of counts 4, 6 & 7 & convicted him of count 5 only.Complainant's evidence supported by appellant's admission in record of interview.
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.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.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.
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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.