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Whether sentence excessive - whether sufficient weight given to appellant's youth - parity. Sentence appeal allowed: resentenced to 20y with NPP of 16y.
Whether trial miscarried - whether verdict unreasonable - rulings - directions - common enterprise - witness evidence - self-defence - provocation - motive.The victim suffered a skull fracture with bleeding & swelling to the brain & was hospitalised for a little over 3 weeks.He underwent surgery for the reconstruction of his skull, which included the insertion of metal plates.The Crown also relied upon an untaped admission made by Coates to police during a break in the videotaped ROI.There was no attempt to have the admission subsequently affirmed on video & no contemporaneous notes were made of the admission. The trial judge refused to admit evidence from a defence witness that the Crown witness told him he made a deal with police & would give false evidence against the appellants.Appellant was the principal in this retail operation.
He & a co-offender met with the deceased, who was supposedly going to sell guns & ammunition to them. The co-offender was found guilty of the murder of the deceased & was sentenced to 13y 35w with a NPP of 10y 9w.
Crown appeal against order for separate trials allowed: order quashed.
O'CONNOR, Anthony Ross - CCA, 31.1.2005Sully & Kirby JJCitation: R v O'Connor  NSWCCA 5Sentence appeal.
Evidence - admissibility of admissions made off-video during interview with accused - whether reasonable excuse for not videotaping admissions - Criminal Code (WA), s.570D(2)(b), (4) - admissibility of evidence of prior inconsistent statement of witness - whether evidence of statement went to issue - whether admissible as exception to rule against admission of collateral statements - whether exceptions of bias, interest or corruption applicable - whether the detail of alleged statement indicating an exception to the collateral evidence rule must be put specifically to the witness in cross-examination - whether evidence of prior inconsistent statement hearsay - whether exception to hearsay rule - jury directions - whether trial judge's direction accorded with Mc Kinneyv The Queen - appropriateness of reference to possible perjury on part of police. WILLIAMS, Luke Sheridan - CCA, 9.2.2005Sully, Hidden & Howie JJCitation: R v Williams  NSWCCA 14Sentence appeal.
Maliciously inflict GBH with intent to inflict GBH.3y with NPP of 18m.
The van driven by the accused failed to take a sweeping curve in the road, left the roadway for about 7 metres & collided with a telegraph pole.