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Appeal allowed: resentenced to MT 1y, AT 2y for attempt rob, 1y FT for BE&S. Received MT 18m, AT 6m for rob with aggravation; FT 6m on each common assault offences. Young offender (16y at time of sentence, 15y at time of offences) - two co-offenders also aged 15y at time of offences - guilty plea - at time of offences, applicant on Griffith remand for similar offence. MILSOM, Robert Norman James - CCA, Crown appeal.2 x aggravated dangerous drive occasioning GBH (blood alcohol concentration not less than 0.192 grams alcohol per 100 ml blood).Received 400 hours CSO on each count & disqualified from holding licence for 3y.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.Conduct and attitude in gaol regarded as excellent - good prospects of further rehabilitation - family supportive. STEPHENS, Patrick James - NSW SC, Mc Inerney J, Redetermination of life sentence under s.13A Sentencing Act 1989. Applicant placed cyanide into an Orthoxicol capsule and gave it to his wife (a Malaysian woman) who was complaining of a headache, then he set about preparing dinner & approximately half an hour later he discovered his wife was dead.He then wrapped her in a sheet, carried her outside & buried her in the back yard, emptying lime over the body before filling in the grave.Up until time of offence, applicant led blameless & useful life - somewhat socially inept - giant strides towards rehabilitation but yet to face up to fact that he committed the murder - Victim Impact Statement from parents of deceased. FRANKS, Peter - CCA, Conviction appeal.1 x supply methylamphetamine; 1 x supply cannabis leaf. Fresh evidence - Police Royal Commission Material appeal. CIVICI, Mehmet - CCA, 2.12.97Sentence appeal.1 x attempted robbery (received MT 1*y, AT 2*y); 1 x BE&S (received concurrent 12m FT).
Crown contention that deceased was either pushed or forced out of bathroom window of a sixth floor flat which she shared with appellant; or that she fell from window whilst retreating from or avoiding attack; or that having a well-founded apprehension that if she remained in bathroom she would be subjected to life-threatening violence she jumped out of the window to escape.FT 12m on 1st count; FT 18m on 2nd count; MT 4*y, AT 1*y on 3rd count.Long history of drug abuse - history of re-offending. Sexual intercourse without consent in company (aggravated) - carrying max 20y. Complainant's mouth bitten during commission of offence - respondent's lack of contrition or remorse - sentence manifestly inadequate - Everett v The Queen (1994) 181 CLR 295 & R v Burnett (1996) 85 A Crim R 76 referred to - special circumstances. LEWIS-HAMILTON, Glen Carson - Vict SC, Ct of App, 8.4.97Conviction appeal.3 x rape and 3 x sexual penetration of child between ages of 10 & 16.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.