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Apart from the above count, applicant had also been charged with wound with intent to murder, however, the jury returned a verdict of not guilty on that count.

Whether error in assessing future dangerousness - under the influence of Temazepam & alcohol at the time of offending - whether error in failure to give any or sufficient weight to subjective circumstances - whether error in weight given to use of weapon - finding of 'gratuitous cruelty'- whether sentence manifestly excessive. NICHOLLS and COATES - HCA, 3.2.2005 219 CLR 196; 79 ALJR 468Citation: Nicholls v The Queen; Coates v The Queen [2005] HCA 1On appeal from the SC of WA.

Whether sentence excessive - whether sufficient weight given to appellant's youth - parity. Sentence appeal allowed: resentenced to 20y with NPP of 16y.

LYKOURAS, Paul - CCA, 4.2.2005Sully, Hidden & Howie JJCitation: R v Lykouras [2005] NSWCCA 8Application for leave to appeal against interlocutory order granting leave to the Crown to amend an indictment under s.20 of the Criminal Procedure Act; and Crown appeal against order for separate trials.

Aged 2 months short of 18th birthday at time of offence - born in Vietnam - completed year 5 in Vietnam, then attended school in Australia & completed year 9 - not attracted to learning - family life consisted of rigid routine of work & school, little socialisation or fun - drank alcohol mainly on weekends - did not use illicit drugs - formed relationship with young woman & has a young child - below average intelligence.

Whether trial miscarried - whether verdict unreasonable - rulings - directions - common enterprise - witness evidence - self-defence - provocation - motive.

The van driven by the accused failed to take a sweeping curve in the road, left the roadway for about 7 metres & collided with a telegraph pole.

As a result of the impact, GBH was caused to the female passenger sitting in the front seat.

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During the assault, applicant at one time armed himself with a mattock & at another time with an axe.

Maliciously wounding with intent to do GBH.11y with a NPP of 8y 3m.

had a different ending -- an ending that was eventually moved to the end of the credits.… continue reading »

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