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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.
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  HCA 1On appeal from the SC of WA.
Whether leave to amend indictment should have been granted - if so, whether separate trials should have been ordered.
The above offence involved an unprovoked, vicious attack upon the victim, as a result of which the victim suffered very serious injuries.
The victim suffered a skull fracture with bleeding & swelling to the brain & was hospitalised for a little over 3 weeks.
He underwent surgery for the reconstruction of his skull, which included the insertion of metal plates.
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.