RADFORD, Gregory Arthur - CCA, 3.12.97Sentence appeal.1 x sexual assault (received MT 3y 9m, AT 1y 3m); 1 x AOABH (received concurrent FT 2y).Applicant and victim married - turbulent relationship - separated - victim had custody of their 2 children & applicant had limited rights of access - applicant had previous convictions for assaulting victim & breaching domestic violence order, for contravening domestic violence order, as well as convictions for various assault offences. ROBERTS, Peter - CCA, 8.12.97Sentence appeal.3 x supply amphetamine; plus drug offences & driving offences contained in two separate Form 2 documents taken into consideration in sentencing.
Special circumstances within the meaning of s.5(2) Sentencing Act 1989. DODGE, Kenneth John Peter - NSW SC, Dunford J, Redetermination of life sentence under s.13A Sentencing Act 1989.
Murder (received life); assault being armed with intent to rob & assault with wounding (received 14y). On 1.8.86, applicant released on licence after serving 10y 4m 25d. Application allowed: resentenced to MT 21y 9m 13d, AT 4*y.
Declined to wear body wire during delivery, declined to give statement to police of what was said, declined to give evidence against co-offender who pleaded not guilty. Appeal allowed: resentenced to concurrent FT of 6m on each offence. Appeal allowed: verdicts, convictions & sentences in respect of counts 1, 3, 8, 9, 10, 11 & 12 quashed, judgement of acquittal entered. Crown case circumstantial - in the particular circumstances trial judge not required to give Peacock direction ( Peacock v The King (1911) 13 CLR 619) - issues sufficiently identified - no miscarriage of justice - verdict not unsafe or unsatisfactory. Crown appeal allowed: pursuant to s.12(2) Criminal Appeal Act, issues identified by s.5(1)(b) Periodic Detention of Prisoners Act 1981 remitted to Smart J as single judge of Supreme Court to determine.
Applicant anticipated payment of US$40,000 for his role. CRISOLOGO, Antonio - CCA - 99 A Crim R 178Conviction appeal & Crown appeal.2 x sexual intercourse without consent (s.61I Crimes Act 1900). Imposition upon Commonwealth (s.29B Crimes Act 1914 (Cth).12m PD. In event of not being satisfied as to such issues, he is to be at liberty to make orders implementing sentence of 2y PD; in the event of any difficulty arising or Smart J not being so satisfied, he is to return the matter to the CCA. FORSYTH, David John - CCA, Conviction appeal.1 x sexual intercourse with child aged between 10 & 16y.
In 1994 charged with number of homosexual intercourse offences with person over 10 & under 18 & received MT 2*y, AT 2y. GILLARD, Roslyn - NSW SC, Michael Grove J, 5.12.97Redetermination of life sentence under s.13A Sentencing Act 1989. Shot wife, then turned gun on himself & discharged it while holding it under his chin.