A rock was dropped on his head & he was kicked in the head.
The victim suffered a fractured skull & brain damage.
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.
The prosecution case was that the offender, who was the foster mother of the 2 year old deceased, had inflicted injuries upon the child with intent to cause GBH & that the child had died from those injuries.
LI, Wu - CCA, Spigelman CJ, Dunford & Hidden JJCitation: R v Li  NSWCCA 407Conviction appeal. Complainant gave evidence of appellant gaining entry to her unit on the night of the offences, of assaulting her & threatening her with a knife & preventing her from leaving the unit.
Appeal allowed on counts 6, 7 & 8: resentenced to total of 8y with NPP of 5*y. They had been divorced in the same month as the date upon which the offences occurred. There was evidence of complainant's unhappy relationship with the appellant, including prior incidents of appellant being violent towards her.
The respondent was in a relationship with the victim's mother for 10 years & stayed at her home on a regular basis.
During that time, he assumed the role of step-father to the victim.
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.