Jason Youns 99c Photography Guide

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Books by Jason Youn. A breath test returned a reading of. A later breath test conducted at the police station returned a reading of. Aged 43 - well educated, intelligent - unemployed - divorced - disqualified driver at time of offence - previous major depressive illness - severe depression at time of present offence - remorse.

Aggregate MT 2y, AT 2y. Applicant was a passenger in a MV stolen the previous day by his co-offender. Aged 24 - unemployed - single - trade qualifications - drug dependence - subject to 2 recognizances at time of offence. Previously imprisoned on 3 occasions. MT 3y, AT 1y. At time of 2nd offence applicant was affected by alcohol. Previously imprisoned on 6 occasions. Tasks of sentencer - reliance on counsel. Complainant born on Submissions made that evidence of the complainant was not such as to be capable of satisfying a jury beyond reasonable doubt that offences in fact occurred before he reached Another submission was that a jury would not be able to decide as to whether s.

Offences arose out of 2 incidents in which respondent accompanied 2 co-offenders who demanded money from taxi drivers. No prior convictions - guilty plea - some attempts to overcome drug problem. Failure to consider PD - sentencing judge erroneously applied principles relating to young offenders to 27 year old offender - whether sentences manifestly inadequate.

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MT 4y, AT 3y. Robbery was committed on a bank with 3 other males, one of whom jumped the counter to gain access to the staff area. At time of offence, applicant was subject to recognizance whereas the co-offender was not. Parity with co-offender whose sentence was reduced on appeal. Robbed service station proprietor whilst armed with a syringe.

Unclear whether syringe was filled with blood. Robbery committed to get money to buy drugs. Guideline judgement of Henry applies retrospectively to offences committed before its promulgation. Whether plea of guilty adequately considered. Applicant's role was to pick up 3 co-offenders from Sydney airport when they arrived from Los Angeles. They were accompanied by a male who was the principal in the enterprise. Applicant was arrested 3 weeks later as he was attempting to leave for Los Angeles. Application of guideline sentence concerning 'high-range' drugs - parity - 'mid-level' involvement in enterprise.

Sentence not stated in judgement. Applicant pleaded guilty to being knowingly concerned in importation of prohibited drug. MT 6y, AT 3y. No details of actual offence given in judgement. Appellant became acquainted with a gang of criminals through his friendship with a young girl, as a result of which he came under the influence of the girl's father who was an active member of a gang involved in serial armed robberies.

Aged 27 - no priors - significant assistance to authorities - ongoing assistance to authorities - early plea of guilty - circumstances of involvement - truly remorseful - on witness protection requiring re-location upon release. The above offences were related as having occurred in , 4 of which were alleged to have occurred in the appellant's grocery shop in Vaucluse.

Condition of parole be that applicant attend a residential drug rehabilitation place such as Guthrie House. A 3rd person involved in the attack acted as a lookout. Evidence of an eyewitness accepted by sentencing judge. Sentence manifestly inadequate - double jeopardy. S - CCA, Knowingly take part in manufacture of large commercial quantity prohibited drug amphetamine. MT 18m, AT 18m.

MT 1y, AT 3y. The robberies were committed over a period of little more than one month. On his departure, respondent asked male attendant to give cops a 'shitty description of me'. Special circumstances - double jeopardy. Robbery with corporal violence. Robbery of a St George Bank was carried out by 2 people who were seen by a number of persons who were either bank employees, customers in the bank at the time or persons near the bank either immediately before or immediately after the robbery.

An accomplice was seen waiting in the car. Photographs of the 2 offenders were taken by a security camera within the bank. An expert in the field of photogrammetry a science of taking measurements from photographs gave evidence that if his calculations of the offender's height were correct, the offender was not the appellant.

Import commercial quantity prohibited drug cocaine - 2, MT 3y, AT 2y. When asked, she denied carrying anything on her legs. A search revealed body packs containing cocaine. Dangerous drive causing death. Basis of appeal was admission into evidence by trial judge of evidence from 2 police officers that appellant had admitted to them that he was the driver of the MV. The 2nd police officer attended the scene but only spoke to the appellant some hours later when the appellant was in hospital that night. He also gave evidence that the appellant had admitted being the driver.

There was also evidence from others of having seen the appellant in the driver's seat. Evidence from a doctor, who treated the appellant in hospital, that the appellant had told him he was the driver. Evidence - discretionary exclusion - summing up - directions on delay in complaint - mild intellectual disability - whether sentence excessive.

Possibility that appellant's vulnerability to becoming upset was enhanced by his prior ingestion of intoxicating liquor. Guilty plea - aged 39y - Aboriginal background - desire to address alcohol problem - special circumstances. Armed robbery - MT 10y, AT 3y 4m. At a separate trial: After sentence for the armed robbery, appellant appealed.

The appeal was heard on Recently appellant lodged a petition under s. Present ground of appeal was a claim there had been a miscarriage of justice because one of the robbers who had pleaded guilty was not available to give evidence at the appellant's trial, having been threatened by police that if he did so, they would 'load him' with another armed robbery. Appellant has already served more than the MT for the armed robbery. Sentence appeal for other offences allowed insofar as sentences backdated to date they were imposed. Early pleas of guilty. There was a brawl in the vicinity of a roller skating rink between 2 groups of young men, mostly of Vietnamese origin.

Eye witnesses estimate up to 30 persons involved. Described by trial judge as a 'frightening melee'. Aggregated MT of 14y 3m, AT 9m. Elements of sadism involved. Insufficient weight given to plea of guilty - failure to comply with s. Appellant found not guilty on first 3 counts but guilty on the 4th charge. Appellant was married to complainant's sister. She spoke to one of her teachers about the incidents. Some months later, the complainant said the appellant raped her. The following day she told a friend about it. Another time, the appellant was dragging her towards the bedroom when her sister came in.

Possess trafficable quantity prohibited import cocaine. Applicant agreed to receive a parcel sent by post from Columbia. He pleaded guilty to an offence contrary to s. Whether head sentence outside range appropriate for offence - whether NPP excessive in relation to head sentence - whether quantity of prohibited import a relevant factor in sentencing.

He maintained his plea of not guilty to murder but pleaded guilty to manslaughter. He suspected his young brother of stealing money, gold and jewellery from their mother in order to buy marijuana. He claimed to have wanted to scare his brother, however, he gave 3 versions: Priors for driving offences - no previous imprisonment. Contrition - sentencing discretion. He returned, along with friends, to collect his possessions. Knowingly concerned in importation of trafficable quantity heroin; possess trafficable quantity prohibited imports heroin.

MT 8y, AT 4y. Born in Vietnam, came to Australia in aged 17, now an Australian citizen. The heroin was in heat-sealed plastic bags contained in envelopes addressed to one or other of 2 post office boxes, one in applicant's name, the other in his fiancee's name. When searching applicant's home in Sydney, police found 15 heat-sealed plastic bags containing grams heroin, purity They also found a glass jar with a further The total gross weight of heroin seized was Whether sentence manifestly excessive. Demand money with menaces. Organised attempt at extortion from operators of a brothel. A group of men attended to enforce demand, some of them were armed.

Inferences of knowledge available to sentencing judge. Photographs taken from video surveillance equipment showed customers present in the bank who were subjected to a degree of violence or threats of violence by the offenders. One of the men said he was going to shoot somebody. A can of pepper spray was found in the applicant's room during the search.

Sentence excessive - parity - failure to take into account pre-sentence custody. The company entered into 2 contracts with the Department of Public Works. When contacted, the appellant indicated the company had been experiencing cash flow problems. The company was placed into provisional liquidation. Statements made to ensure compliance by another with contract - not necessary under the contract for payment of monies - nature of materiality - directions to jury. Co-offenders received hours Community Service. Aged 19 at time of offence - minor record in Children's Court - truthful witness - marijuana use - voluntarily entered a rehabilitation programme - supportive family.

MT 7y, AT 3y. No other details about the armed robberies provided. Offences committed shortly after release on parole for similar offence. Particular discount available to offender - substantial assistance to authorities - special circumstances found by sentencing judge. MT 4y, AT 4y. He was on bail for this matter when he committed the malicious wounding. He pulled the door shut which activated a deadlock. Too much weight given to general deterrence - rehabilitation.

Appeal allowed in part to adjust commencement date of sentences. Conspiracy to commit fraud. The basis of this contention was that the conspiracy was formed wholly outside the territorial boundaries of South Australia and, as such, there was no offence against any law of the State and the Local Court lacked jurisdiction to receive the informations.

Whether triable in State court - where conspiracy formed outside State - connection between State and subject of offence. Respondent was acquitted by the CCA of NSW which held that the verdict of guilty of murder was not supported by the evidence. The Court determined that the Crown had not excluded the possibility that the victim's death was unrelated to the attack perpetrated by the respondent.

Whether evidence capable of satisfying jury beyond reasonable doubt that act of defendant caused death of victim. Sexual intercourse without consent; malicious wounding; steal from the person. MT 6y 9m, AT 2y 3m. He also took her purse. At one point, he wounded her. Aged almost 30 at time of appeal - Aboriginal - poor prior record - many offences of violence committed in domestic context.

Significance of violence to individual counts - status of history given to psychiatrist as evidence. Crown presented its case on circumstantial basis, relying on doctrine of recent possession. Witness - disclosure of prior convictions - defence aware that witness was police informer but not that he had received consideration for such in his own sentencing proceedings - whether absence of cross examination led to miscarriage.

High Court appeal allowed: At the time of that application, the sentences on the robbery counts had expired. All crimes involved mugging selected older male victims by attacking them from behind. Psychiatric or psychological assessment not provided to primary judge inhibiting findings of future prospects - new evidence tendered on appeal. In respect of first 3 counts: FT actual sentence not mentioned, except that at the time of the hearing of the appeal, it had expired ; 4th count: The sentencing judge erroneously made orders concerning parole, overlooking that the power of the court to order parole is limited to sentences of 3 years or less.

Impositions for related assaults served within encompassing term - pattern of sentence - statistics kept by Judicial Commission relevant. All suffered multiple head wounds. As well as the wounds to the head, the brother had also suffered wounds to his torso. Directions to jury - whether case for accused put fairly - whether verdict unreasonable having regard to evidence - sufficiency of directions concerning comments by Crown - whether summing up unbalanced. Conviction appeal dismissed; application for leave to appeal against sentence refused. The 2 men began to consume alcohol in the early evening.

After a meal, the men left in the respondent's car at about The respondent lost control of the vehicle which failed to take a bend. The vehicle had travelled metres from the point where it first struck the median strip. The deceased died instantly. Pre-sentence custody taken into account. Act out of character - solid family ties - reasonable employment record - guilty plea. Ratio of AT to MT - special circumstances. MT 9m, AT 1y 9m. A further search located items which gave rise to the Form 1 matters.

Matter could have been dealt with in the LC - whether sentence manifestly excessive. MT 9m, AT 1y 3m. Applicant in de facto relationship with complainant's mother who had a child from a previous relationship. Complainant was a little over 5y old when the indecent assault was committed. The other offences took place over a period until the child was aged almost However, the conduct continued for a further 5 years.

Aged 58 years - no prior record - shameful of conduct - remorse - prior good character - attempts at rehabilitation. Applicant appeared for himself n the CCA. His grounds of appeal were as follows: The counts of pervert the course of justice arose from the applicant's conduct with respect to a murder charge against his brother, George Mrish.

Whether sentence excessive - failure to identify special circumstances - failure to take into account time spent in custody. When she left, she dropped the knife. The Form 1 offence occurred one month before the appellant appeared for sentence. Aged almost 30 - no priors - drug addiction - rehabilitative steps - severance of relationship with co-offender who introduced appellant to heroin - special circumstances..

He went to those premises, armed with a 14cm knife. Reference to Judicial Commission statistics - whether sentence excessive. MT 6y, AT 5y. His female victim boarded the train at Town Hall station. Having noticed the applicant staring at her, she changed carriages at Redfern. He told her again, but she refused.

Remark by sentencing judge of dangerous propensity to prey on young women - insufficient weight given to plea of guilty - whether sentence manifestly excessive. K - CCA, By November , respondent was living in deceased's one-bedroom unit. Before August , that arrangement came to an end. Respondent claimed deceased had sodomised him about a week or two prior to the killing. All 4 wounds to the back penetrated one of the deceased's lungs. Sentencing judge found provocation, diminished responsibility. Greater part of remarks on sentence devoted to evidence concerning respondent's subjective circumstances, being so deeply affected by them as to have given them a weight impermissibly disproportionate to the objective gravity of the offence.

Institutionalised, then rejected once again by his mother - lived on the streets. Aged 16y 9m at date of killing - aged 19y 8m at time of sentence - some criminal antecedents - remorse. Appellant convicted for an offence against s. Agreed appropriate course was that the appeal should be upheld. Complainant an alleged victim in sexual assault proceedings. Whether discretion miscarried - whether applicant unable to receive fair trial. The victim gave the police a description of the offender as a man with a goatee beard. The photograph of the appellant was the only one of a man with a goatee beard.

At trial, appellant pleaded not guilty. Basis of Crown case rested on identification evidence. Trial judge refused appellant's application to have photographic identification evidence excluded under s. Probative value of evidence - danger of unfair prejudice - judicial discretion - weight to be given - residual discretion. Medical evidence that long-term imprisonment might contribute to depression. General deterrence - position of trust - child sexual abuse within family unit - respondent's health - overly generous discount. About midnight deceased became involved in an argument in the tavern.

The incident was recorded on video within the tavern. The prisoner was recorded on video as having punched the victim to the side of his neck. As the victim was falling to the floor, the prisoner threw a punch, then he kicked at the head area of the victim while he was on the floor in an unconscious state.

MT 3y 4m, AT 2y 2m pre-sentence custody taken into account. Reduced sentence because of undertaking to assist law enforcement authority. Respondent failed to fulfil that undertaking. It was against this sentence that the Crown appealed. Notice of appeal in respect of order by one judge but Crown case directed to sentence pronounced by another judge. Deceased subjected to violent assault after he left a nightclub.

It seems the reason for the assault was because the deceased had laughed at the way the prisoner Kiri's brother was dancing. According to one witness, he was also stomped upon. He sustained severe head injuries. MT 12y, AT 5y. Obtain possession of commercial quantity prohibited import cocaine. Customs intercepted an Express Mail Service package addressed to an electronics communications company in Sydney.

Inappropriate weight given to plea of guilty - sentencing ratio - whether sentence manifestly excessive. Murder - sentenced to life imprisonment; sexual intercourse with child under 10 - sentenced to FT 10y. Atrocious sexual assault on deceased child who was the 22 month old daughter of the appellant's girlfriend. Application for extension of time filed little less than 9 years after sentence - whether admission of 'relationship' evidence constituted miscarriage of justice - sufficiency of evidence of penetration - directions on necessary mental elements.

Extension of time refused. Knowingly concerned in importation of trafficable quantity ecstasy. Ecstasy imported was Effect of sentence on applicant's children - applicant in sole parenting role, their mother having been hospitalised with a mental illness - whether taken into account by sentencing judge - children now made wards of the State - whether Court should show mercy. MT 9y, AT 3y. Sentence imposed in light of applicant's extensive prior record. Prior criminal record commenced in when he was a child.

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Some offences committed whilst on parole. Problem with drugs - on methadone programme - engaging personality - cannot keep hands off other people's property. Fresh evidence - medical condition of much greater seriousness than known at time of sentencing - effect of condition on trial judge's assessment of prospects of recidivism. Respondent indicted for murder. Found not guilty of murder but guilty of manslaughter. Aged 36 - lengthy criminal record but not previously imprisoned - progress toward rehabilitation.

Double jeopardy - special circumstances. Malicious damage of property by fire. After checking the house was unoccupied, he gave his partner's cats to a neighbour, set fire to the house then sat on a verandah of a neighbouring house. Applicant knew the house was not insured. A number of sexual offences including sexual intercourse without consent; carnal knowledge.

On 26 September , when complainant was 16 weeks pregnant she had undergone an abortion. MT 5y, AT 8m. Exceptional case - his case file, containing entirely false information about him, stating he was an informant, had been shown to other prisoners. When he approached the gaol authorities a uniformed member of the Intelligence Department told him he would receive assistance if he would inform on Lebanese inmates.

General deterrence - criminality in escaping significantly mitigated by circumstances. Custodial sentences were imposed with a direction they be served in a juvenile detention centre. Guilty plea - pre-sentence custody. Sentencing judge gave no indication whether he considered respondent was unable, or did not intend, to supply the commercial quantity of heroin which he agreed or offered to supply.

Long criminal history stretching back for decades involving previous drug offences - reasons for leniency extended are of minimal weight: Sentences must reflect objective gravity of offences. The offences were upon females under the age of An additional 28 allegations of sexual assault contained in statements of complainants were tendered to the Court. Aged 68 at time of sentence - no prior convictions. MT 16y, AT 7y. Whether sufficient evidence capable of constituting provocation for it to be left to jury - whether trial judge erred in summing-up on provocation - whether trial judge erred in written directions provided to jury on provocation - whether written direction contrary to Green v The Queen CLR s.

Dispose of stolen property; escape lawful custody. He was arrested whilst trying to pawn the goods, using the cards for identification. Age unknown - priors - previously imprisoned. Parity - special circumstances. Aggregate MT 12y, AT 4y. Offences upon 7 victims, all members of applicant's family.

Delay in detection of offences - age of appellant. Aggregate MT 5y, AT 5y. Weapons involved in principal charges were knives with blades cms in length. Aged 19 at time of offence - early admission of guilt - on bail at time of offences - heroin addiction - self-directed efforts toward rehabilitation - special circumstances - priors for armed robbery - not previously imprisoned. Appeal allowed in part insofar as Order under s. The appellant, in company with 2 friends, went to a park with the intention of mugging someone. They left the victim in the park.

MT 3y 9m, AT 1y 3m. Appellant's passenger his brother was killed in the crash. Aged 25 at time of offence - early plea of guilty - remorse - high range PCA - special circumstances - no significant priors. Concurrent MT 18m, AT 6m on each count. Complainant the only Crown witness. Trial took place almost 16 years after alleged offences. Whether miscarriage of justice. Malicious damage by fire. MT 3m, AT 9m. Respondent was on bail pending prosecution for armed robbery at the time of the subject offence. The act constituting the subject offence was throwing a 'fire bomb' a glass bottle containing inflammable substance with tightly-rolled piece of cloth that had been lit against a garage roller door.

The garage adjoined an occupied dwelling owned by the Department of Housing. Four days before the offence, the respondent had made threats to the female occupant that she was going to fire bomb the cars belonging to the occupants of the dwelling. In his judgment, the CJ said that Crown appeals are too frequent, especially when no error is relied upon other than being manifestly inadequate.

Whether sentence manifestly inadequate - 'weight'- 'special circumstances'. Guilty plea - co-offenders. Parity - whether sentencing judge should have taken into account that an offender required by the Parole Board to serve an AT by reason of breach of parole conditions might well expect an early review of that direction. Applicant would then alter a number of these cheques by adding the words 'Petty Cash' and, as Carruthers J said in his judgment, 'For some extraordinary reason, bank tellers then handed cash to the applicant, The Commonwealth Bank repaid all monies to the company.

Sentences imposed close to lower end of range - surprising Crown did not appeal. Applicant appeared for himself in the CCA. No error demonstrated in sentencing process. Special circumstances found by sentencing judge regarding hardship caused to applicant's 3 young children. Applicant in custody in NSW, while her family reside in Western Australia, her mother-in-law looking after the 3 children.

Applicant accepted a lift with a friend in a stolen car, not knowing the vehicle was stolen. He was sitting in the car when his friend robbed an elderly lady of her handbag. When his friend returned to the car, the applicant drove them both away from the scene. He struck the officer in the right eye with his fist. Long and appalling criminal record - aged 34 at time of offence - early guilty plea - assistance to authorities - prospects for rehabilitation.

Parity - special circumstances - rehabilitation. Appeal allowed on count 1: Aggregate MT 9y, AT 3y. Principle of totality - error in sentencing process - sentence measurably beyond upper limit of range. Aged 24y - no relevant criminal history - prior good character - delay in matter going to trial - delay in sentencing after verdict caused by need to wait for preparation of pre-sentence report - good rehabilitation - not likely to re-offend. No need for additional period. Applicant became involved in an argument with female complainant. He pushed her from the veranda, then kicked her a number of times while she was on the ground.

Her boyfriend tried to pull him away. The applicant started bashing in the bonnet of her car with an iron bar. Female complainant suffered extensive injuries. Whether sentence excessive - guilty plea - unsatisfactory legal representation - rehabilitation. Cultivate commercial quantity cannabis; supply commercial quantity cannabis. MT 3y 4m17d, AT 1y 3m. The gross weight from the boxes and bags yielded in excess of kgs. Small bags of cannabis leaf were found in applicant's home under his bed. Special circumstances - statutory ratio.

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Collision with a pedestrian at an intersection. Some witnesses gave evidence that the lights in the direction in which the appellant was travelling were red, whilst others, including a police officer, stated that the lights for the pedestrian crossing were red. Whether verdict unreasonable - whether sentence excessive. They located a black Adidas backpack on the floor of the front passenger seat.

Inside was a small red cash tin containing a number of plastic satchels.

Public Defenders

There were some other items found in a lady's purse for which the co-offender was charged. Sole parent in receipt of Social Service income - drug addiction - stress of caring for her dying mother - attempts to improve her education in order to find worthwhile employment. Powerful subjective features - procedural fairness - erroneous finding by sentencing judge. Attempt obtain possession of commercial quantity prohibited drug heroin.

MT 9y, AT 4y. A Pakistani national arrived at Sydney Airport with several packages of heroin strapped to his body - total gross weight was 2. Tendency evidence - discretion - irrelevant considerations - failure to give adequate weight to material considerations - directions - Crown submitted sentence manifestly inadequate. The offences were committed upon taxi drivers. Guilty plea - no priors. Parity - special circumstances - lesser culpability than co-offender. MT 1y, AT 2y. Applicant aged 18 at time of offence - full admissions - assistance to authorities - an only child - mother a chronic alcoholic, heavily dependent upon applicant - left school aged 15 - worked in several jobs - unemployed at date of robbery - full-time employment at time of appeal - offer to pay compensation.

Appellant entitled to benefit of assistance to authorities - alleged lack of parity with co-offender who was a juvenile. The applicant knew that a certain person had committed an offence of robbery on a supermarket but failed to report it. He subsequently requested that a certain female conceal information from the police in relation to the robbery.

The applicant also made threats to another female with the intent to influence her against giving evidence in a judicial proceeding. On bail at the time of 2 of the offences - priors. Appeal sought to have an interlocutory order vacated. An order was made by Hidden J that the respondent be granted a separate trial. The respondent was one of 7 persons the Crown proposed to indict jointly upon an indictment of having murdered 2 victims.

CCA came to the decision that the material before Hidden J was insufficient to justify his decision to grant a separate trial. Import trafficable quantity cocaine. MT 2y 6m, AT 2y 2m. Respondent arrived in Sydney on a flight from Tahiti. In his luggage was a wooden statue containing 2. He maintained it was for his own use. He said he had started using the drug some 2 years previously. Escape lawful custody - FT 3y; knowingly take part in manufacture of large commercial quantity prohibited drug ecstasy - MT 2y, AT 3y cumulative upon the FT.

Prior drug offences - previous imprisonment. Discount - substantial assistance to authorities - whether sentence excessive. Supply prohibited drug methylamphetamine. He was charged on the basis of having supplied 3. Applicant had agreed to supply further quantities of the drug, however, the further supply was not the subject of any charge. Applicant was a small cog in a sophisticated dealing operation. Sentencing judge made reference to an earlier sentence imposed on At that time, applicant had not been charged with the supply offence.

There was a delay in charging him with that offence. Error in applying wrong maximum penalty for offence charged - offence could have been dealt with in the LC. Various sexual offences, including sexual intercourse without consent, assault with act of indecency upon person under age 16y, sexual intercourse without consent upon person under 16y; as well as assault charges.

The above offences were perpetrated upon three victims. The three victims had been subjected to a pattern of abuse over a period of about 6 months. Directions to jury - evidence of sexual abuse - whether trial judge erred in directions to jury with regard to use to which they should put evidence - complaint evidence - tendency evidence - whether verdicts unreasonable or cannot be supported by the evidence. AG - CCA, All offences perpetrated against young boys. The one boy was RJM's son, who was living with him. The sole ground of appeal by each appellant was that the verdicts could not be sustained, having regard to what was said to be the unsatisfactory nature of the evidence.

The victim had a small business restocking cigarette vending machines. Patsalis discussed with the victim the prospect of obtaining cheap cigarettes. He arranged for the victim to meet him one evening, supposedly to buy contraband cigarettes. The truck was taken to Chester Hill where it was set alight.

Sentencing felony murder - assistance to authorities - s. Spathis - MT 14y, AT 5y. The new sentences were accumulated upon that term. Applicant made full admissions to authorities. Without his assistance, the Crown would only have been able to charge him on 2 counts. Sentences outside range of sentencing discretion - strong subjective features - need for extended period on probation - deep-seated psychological problems. A further offence of breach apprehended violence order upon victim of the malicious wounding was taken into account.

The appellant, an Aboriginal man, brandished 2 knives at 2 friends of his girlfriend, after becoming jealous of the male whom he believed was making advances towards his girlfriend.

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He told police that she had fallen onto the knife on two occasions. Sentencing judge should have applied principles in Fernando.

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Appeal allowed on malicious wounding count: Respondent was the managing director of a company managing mainly superannuation funds. His whole working history involved working in the superannuation industry. He started gambling heavily in He used trust monies to feed his gambling habit, as well as making personal loans to members of his family.

The owners of the money lost nothing as it was all insured. Guilty plea - aged 54 years - man of prior good character - history of high blood pressure - onset of diabetes. Pre-trial ruling in DC - exclusion of some identification evidence - other evidence available to Crown - whether appeal against interlocutory ruling lies. Appellant acquitted of 2 counts of sexual intercourse without consent. All offences alleged to have been committed on the same complainant in a single period of little more than 3 months. Whether verdicts of guilty consistent with verdicts of acquittal - whether verdicts 'merciful' - whether verdicts compromised - whether verdicts reasonable.

Sexual offences against 2 complainants, occurring some 4 or 5 years apart. Sexual conduct could not be classified as bearing striking similarities - 5 year age difference between complainants. Aged 33 at time of offence - late guilty plea - assistance to authorities - married with several children - gambling problem - drug addiction - special circumstances. Pleaded not guilty to murder - jury returned a verdict of guilty of manslaughter. Aged 31 at date of offence. Had been friendly with deceased, who was also aged in early 30s. Both lived with their de facto partners in a block of units.

There was a deterioration in the relationship between the 2 men, the deceased having borrowed a guitar from the prisoner's partner which he subsequently pawned. He also borrowed money from her, the bulk of which had not been repaid. The deceased suffered 2 stab wounds, one of which was fatal. Provocation - remorse - good prospects of rehabilitation. Carried in a conveyance without consent of owner - FT 12m; assault with intent to rob in circumstances of aggravation - MT 3y, AT 1y.

The co-offender was driving. The applicant had a knife at the time which she said was for the purpose of cutting the strap of the bag. Almost 32 at time of offences - long-standing drug problem - mother of 4 children but had custody of none of them - lengthy criminal record - ongoing attempts at rehabilitation. Attempted aggravated sexual assault. The victim was a 13 year old girl walking on a footpath in a country town.

Extensive criminal record - aged 49 at time of offence - priors, including aggravated rape - addicted to heroin for 30 years - chronically dysfunctional. Whether sentence was manifestly excessive - whether sentencing judge in error in failing to find special circumstances. Each person was carrying a backpack containing 4 kilograms of pure cocaine. Import commercial quantity cocaine. MT 4y 9m, AT 3y. Guilty plea - assistance - admitted not isolated offence - remorse - good prospects of rehabilitation - 2 young children distressed by her absence - no recent history of drug use - incarceration in foreign country - no priors in Australia or the US.

Import commercial quantity cocaine; possess commercial quantity cocaine. Aged 62 at time of offence - late guilty plea - admitted not isolated offence - familial considerations - no priors in Australia or the US - parity. Appeal allowed - resentenced to MT 5y, AT 3y. Appellant stood trial on the above counts, as well as a further 3 counts of carnal knowledge.

The appellant was the complainant's step-father. Complainant's evidence essential on each count - different verdicts on different counts - appellant acquitted on counts where complainant's evidence could be tested - appellant convicted on counts where complainant's evidence could not be tested - whether guilty verdicts unreasonable. Evidence that the 3 counts were not isolated incidents but were part of a pattern of indecent behaviour over a 3 year period.

Applicant had been living in a de facto relationship with the mother. She was sentenced to MT 18m, AT 18m with a direction that no action be taken on the breach of recognizance because of the penalty imposed in relation to the robbery. Aged 24 at time of offence - Aboriginal - unemployed - priors - parity - special circumstances. Victim was applicant's cell-mate's partner. Applicant had met her when she visited her partner in gaol. He was armed with a large carving knife. The victim's 3 year old son was present at the time of the offences.

The victim eventually managed to escape with her child to a nearby house. Shortly thereafter the appellant, carrying a baton, moved in the direction of the tavern where he was apprehended by 2 doormen on duty at the tavern. Verdict unreasonable - Court also asked to take into account a comment made in Crown Prosecutor's address about failure of appellant's legal advisers at trial to call appellant's brother. Escape from lawful custody. MT 2y, AT 1y. He was then transferred to the Grafton Correctional Centre. The applicant was transferred to a minimum security correctional centre at Glen Innes, having signed an undertaking not to escape or attempt to escape if he was transferred.

His sentence of 2y was reduced by one-third by reason of remissions. Supply commercial quantity amphetamine.

MT 3y, AT 4y. Applicant part of the Kalache drug organisation. Although not close to the centre of the Kalache operation, he was known to Kalache. Applicant's association led back to Watkins, who was closely linked to Kalache. Applicant entered an early guilty plea, whereas many within the Kalache group did not plead guilty at such an early stage.

Sentence imposed on Watkins out of balance with that imposed upon applicant. He was sentenced in the SC of WA to a total maximum of 4 years to be served cumulatively upon a sentence he was then serving. Applicant applied for special leave to the HC on the ground that the respondent did not have the legal and constitutional power or authority to institute the appeal against sentence. Inconsistency of laws - power of states to vest functions in officers of the Cth - applicability of de facto officers doctrine. Aggregate MT 3y, AT 2y.

Chinese national, in Australia on a student visa, lured by a colleague of the applicant to a karaoke bar on pretext that 2 of his friends wanted to meet him there. Applicant was known to victim as they had attended school together. One of the assailants said he might really not have the number.

He was also told he would have to go to a bank to withdraw a large sum of money. He had been given a jumper to cover up his bruises. They were attempting to remove goods from the premises when police apprehended them. Offender drove the stolen MV at high speed, causing a police officer to have to jump aside. A large number of packets of cigarettes were found in the vehicle. MT 18m, AT 6m: Excessive speed - blood alcohol concentration of 0. Subjective features - de facto wife in prison - young child fostered out - applicant's desire to be released to look after his daughter.

The common assault perpetrated by Luck was upon another man who tried to stop the attack. Whether sufficient weight given to subjective circumstances - common ground that sentences were in the upper range for the offence. Continued drug use whilst in prison - repeated failure of drug tests - not yet rehabilitated. Motivated by drug addiction. Aged 19 at time of offence - early guilty plea - remorse - co-operation with authorities - extensive record.

Appeal allowed insofar as sentence corrected to direct release at end of NPP. Aggravated robbery maliciously inflict ABH. MT 2y, AT 18m. The victim resisted, resulting in her being pulled down the stairs. Not a simple bag snatching - not a spur of the moment offence. Serious gambling addiction - prior convictions - undertaken education courses - Victorian suspended sentence current at time of offence.

RPS - HC, 3. They put her out of the car when she refused to have sex with Michael. Both prisoners then drove away with some of the victim's clothes. A short time later they returned, fearing the victim might have been able to identify their vehicle. Complaints - whether 'fresh in the memory' of the complainant - long delay - admissibility. MT 8m, AT 2y 10m. The heroin was found secreted under the back seat. The sentencing judge found that greed was the reason for the offence but thought it was probable that it was the husband's greed, the respondent having assisted him because of their relationship.

The respondent's husband was a heavy gambler. Applicant showing signs of recovery from alcoholism - Applicant diligently applied himself to work conducted in gaol. Conspiracy to import commercial quantity drugs cocaine. Appellant undertook 2 dummy runs. A faked Australian Customs stamp was affixed to an invoice prior to export in order to circumvent inspection of the cartons once they arrived in Australia.

Police were aware of the plans to import the drugs as they had the co-offenders under surveillance. Police informant - entrapment - correctness of interlocutory ruling in DC - discretion - 'unwary innocent' test - error in distinguishing Ridgeway - evidence - 'competing desirabilities'.

Applicant followed the victim as she was walking along a city street at 5 am on a Sunday morning on the way to join her friends at a nightclub. Aged 26 - early guilty plea - lack of premeditation - good character - prior traffic offence - not previously imprisoned. Aggregate MT 3y 9m, AT 2y 3m. Applicant agreed to supply an undercover police operative with 1 kg of heroin. This agreement was never completed.

Applicant travelled from Melbourne to Sydney to supply a. Special circumstances - weight - whether sentence excessive. Robbery with corporal violence; 1 x aggravated robbery; being carried in conveyance without consent of owner; assault police officer in execution of his duty. Aggregate MT 3y, AT 1y. One customer had been knocked unconscious. Applicant was later pursued by police in a high speed chase. Aged 18 at time of 1st offence - gambling problem - priors include malicious wounding, conceal serious offence, dangerous drive - previous imprisonment. Special circumstances - youth - Henry considered.