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The wife was rescued by 3 members of the public & the applicant was held by these people until police arrived. Applicant apprehended following a covert police operation in which he had agreed, following receipt of cash, to supply heroin. NSW Mental Health (Criminal Procedure) Act ss.14, 24, 26. Crown alleged that appellant's de facto placed appellant's daughter's hand on his penis & used it to masturbate while the appellant sat next to him.Sentence too harsh - insufficient weight given to subjective material. POLDEN, James Pryde MITCHELL, Kim Michelle - CCA, Sentence appeal. Polden played a more significant role in commission of the 2 offences in which Mitchell was involved & also faced punishment for 3 further offences. Sentences manifestly excessive - error in sentencing process - parity. Appellant made no attempt to stop the activity nor to bring the matter to the attention of the authorities. The common law offence of misprision of felony was abolished in 1990. Held: Common law rule that a married woman is immune from prosecution for misprision of felony where the felony is committed by her husband should not be extended to de facto wives. MADDOCKS, John David - CCA, Appeal against stated case.
Respondent met a man in a car park & was observed to pass him an object.Count 2: conviction appeal dismissed; sentence appeal allowed - sentenced to MT 3y, AT 1y. Accessory after the fact to robbery in company.3y GBB fine of ,000. Applicant & co-offender, armed with blood-filled syringe, approached 2 passengers on a train telling them it was infected with AIDS - stole 2 gold necklaces & money, ATM cards demanding to know the PIN numbers, all the time threatening to stab victims. Perjury (in the alternative, make false statement on oath).Victim a taxi driver - 2 other co-offenders - respondent aged 18 at time of offence - strong subjective features - supportive family - no priors - good character - stable employment. Applicant 61y of age - no priors - applicant not principal - following instructions of another - willing participant - 'towards lower end'. LEONARD, Richard William - CCA, 7.12.98Sentence appeal.2 x murder. First offence involved applicant killing victim by shooting with arrow fired from compound bow (pleaded not guilty); second offence committed upon a taxi driver by stabbing him (37 stab wounds) with a razor-sharp knife (guilty plea). Offences committed as part of continuing enterprise - all offences committed over a period of almost 4 months Sentence manifestly inadequate. PHEENEY, Natalie - CCA, 3.4.98Sentence appeal.2 x armed robbery; 2 x detain for advantage (kidnapping); a count of stealing taken into account. They then forced victims to alight from the train at Kingswood, then took one of the victims to a service station to use the ATM machine. Applicant 18 at time of offences, mother of 2y old daughter - Aboriginal - abused as a child by mother's de facto husband - domestic violence. Pursuant to direction by trial judge, jury acquitted on 1st charge & after deliberation convicted on alternative charge.2y GBB.Held: applicant will not be in a position any more prejudicial if there is a refusal of leave, having regard to the circumstance that any trial judge will in the event be bound by the reserved judgement when it is handed down. In that time she & her sister distributed not less than 10 ozs heroin & deposited ,000 in supplier's bank accounts.
Addict - difficult childhood - guilty plea at earliest opportunity - prior conviction.
Both were arrested, the man found to be in possession of 22 foils of powder comprising 61% heroin & 39% glucose (total weight 1.05 grams).