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Members of his family intervened & disarmed him, however, he punched & kicked the victim.When the victim tried to escape, the applicant pursued him & struck him twice to the back of the head with a piece of dead branch.Aged 32 at time of sentencing - remorse - psychotic illness - auditory hallucinations - drug abuse - intended to continue experimenting with drugs - no priors.Whether error in sentencing judge's assessment of evidence relating to applicant's mental & psychiatric condition at time of offence - whether error in assessment of culpability - whether sentence excessive. SMITH, Adam Eric - CCA, 9.2.2005Grove & James JJCitation: R v Smith  NSWCCA 19Sentence appeal. Applicant was driving his vehicle on a rural road when he overtook another vehicle after entering a 100kph zone.The co-offender made a separate trial application, which was granted, & his re-trial was fixed for the following day.Prior to the commencement of his re-trial, he negotiated with the DPP & a nolle prosequi was entered on the murder charge, conditional upon him pleading guilty to a charge of having been an accessory after the fact to murder, that he would provide further information to police & that he would undertake to give truthful evidence for the Crown at the appellant's trial.Appellants were convicted of the wilful murder of a female prostitute who intended giving evidence against them in future criminal proceedings.The Crown case was based primarily upon the co-offender, who received a reduced sentence in return for assistance.
There was no attempt to have the admission subsequently affirmed on video & no contemporaneous notes were made of the admission. The trial judge refused to admit evidence from a defence witness that the Crown witness told him he made a deal with police & would give false evidence against the appellants.
Maliciously wounding with intent to do GBH.11y with a NPP of 8y 3m.
The above offence involved an unprovoked, vicious attack upon the victim, as a result of which the victim suffered very serious injuries.
PHAM, Bao Ngoc - CCA, 4.2.2005Sully, Dunford & Hidden JJCitation: R v Pham  NSWCCA 9Conviction and sentence appeal. Deceased was a wholesale drug dealer, described as being a mid-range distributor of heroin.
The appellant was a retail distributor & was assisted by 3 or 4 other persons.