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Submitted sentence on 3rd count manifestly excessive - reference made to R v Fathers (unreported, CCA, 31.8.94); R v Simpson (unreported, CCA, ); R v Muggeridge (unreported, CCA, 8.10.93). Guilty verdict on 2 sexual penetration counts, and not guilty on one count of sexual penetration and 3 counts of rape. - HC, 20.1.98 - 192 CLR 159; 72 ALJR 339Confessions & admissions - admissibility of - discretion to exclude - right to silence - duty to caution.
Concurrent expired sentences to be taken into account - weight to be given to personality disorder in mitigation of sentence. LJUBIC, Marajan - NSW SC, Ireland J, Redetermination of life sentence under s.13A Sentencing Act 1989. Strangulation of his second wife (a Filipino woman) during a domestic argument.
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.
Lawson & Thapa: appeals allowed; each resentenced to 6y with 3*y NPP. CHURCH, Sharon Marie - CCA, 9.12.97Sentence appeal. Robbery with boyfriend - heroin addicts - guilty plea - first offence - held up jewellery store - rifle - pawned goods for ,000 - full co-operation with authorities. LOMMAHADTHAI, Krong - CCA, Sentence appeal.3 x knowingly concerned in importation of heroin.13y with 9*y NPP. Murder and administer poison with intent to murder.
Guilty plea - involved in organisational & entrepreneurial basis - 3 co-offenders. Sentenced to life for murder charge; 9y for administer poison plus 2 minor matters on a Ninth Schedule.