Whether miscarriage of justice - actual or ostensible bias of trial judge - former professional association - whether 'personal animosity'involved in sentence - whether trial judge erred in not directing verdict of acquittal - meaning of 'information'- admissibility of evidence - prejudicial/probative value - medical evidence as to witness' capacity to give reliable evidence - whether summing up unfair - judicial comment/warning - whether verdict unreasonable - expert evidence - mental element of offence - fresh evidence of undiagnosed meningioma - relevance on appeal to issues of fitness to stand trial. O'BRIEN, Donald George - CCA, Grove J, Smart & Davidson AJCitation: R v O'Brien  NSWCCA 400Application for leave to withdraw pleas of guilty.31 x fraud offences (4 counts contrary to s.29D Crimes Act 1914 (Cth); 3 counts contrary to s.178A Crimes Act 1900; 24 counts contrary to s.178BA Crimes Act 1900).
Total of 3*y with NPP of 2y 8m All offences arose from the one criminal enterprise whereby appellant falsely represented himself as a registered customs agent to 4 companies & lodged Nature 10 documents to the Customs Department which fraudulently represented the nature of the imported cargo so that a Customs duty exemption was claimed.
A beer bottle was thrown through the window of a house & the occupants went outside. During the brawl, the victim was knocked to the ground & kicked.
The applicant was sentenced upon the basis that his intent to inflict GBH was not premeditated. GAO, Zhen Yu Michael - CCA, Sully, Greg James & Adams JJCitation: R v Gao  NSWCCA 390Conviction and sentence appeal.1 x knowingly concerned in the importation of a commercial quantity of heroin.12y with NPP of 8y.
Aged 25 at time of offence - no remorse or contrition - slim prospects of rehabilitation - prior violent offences. Appellant was charged with the above offence following a police surveillance operation.
Whether pleas entered under undue pressure - whether sentences excessive. TRAN, Donny Minh - CCA, 5.2.2004James & Buddin JJCitation: R v Tran  NSWCCA 6Sentence appeal.1 x robbery with corporal violence; 1 x attempted robbery with corporal violence; Form 1 matters (robbery in company, attempt robbery in company). The robbery with corporal violence & the Form 1 matters were committed by applicant in the company of 3 juveniles.
The attempt rob with corporal violence was committed by applicant acting alone.
Evidence of prior incidents of violence - whether wrongly admitted - relationship evidence - tendency evidence - probative value - unfair prejudice - whether directions adequate. WILSON, Linda - NSW SC, Miles AJ, Citation: R v Wilson  NSWSC 1257Remarks on Sentence. Offender went to trial on a charge of murder, however, the jury returned a verdict of not guilty of murder but guilty of manslaughter.