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Assistance to authorities - proportionality - discount - parity - sentence manifestly excessive.
Victim a taxi driver - 2 other co-offenders - respondent aged 18 at time of offence - strong subjective features - supportive family - no priors - good character - stable employment. Applicant 61y of age - no priors - applicant not principal - following instructions of another - willing participant - 'towards lower end'. LEONARD, Richard William - CCA, 7.12.98Sentence appeal.2 x murder. First offence involved applicant killing victim by shooting with arrow fired from compound bow (pleaded not guilty); second offence committed upon a taxi driver by stabbing him (37 stab wounds) with a razor-sharp knife (guilty plea). Offences committed as part of continuing enterprise - all offences committed over a period of almost 4 months Sentence manifestly inadequate. PHEENEY, Natalie - CCA, 3.4.98Sentence appeal.2 x armed robbery; 2 x detain for advantage (kidnapping); a count of stealing taken into account. They then forced victims to alight from the train at Kingswood, then took one of the victims to a service station to use the ATM machine. Applicant 18 at time of offences, mother of 2y old daughter - Aboriginal - abused as a child by mother's de facto husband - domestic violence. Pursuant to direction by trial judge, jury acquitted on 1st charge & after deliberation convicted on alternative charge.2y GBB.Directions - supporting evidence - complaint evidence. N, P - NSW SC, Graham Barr J, Count 1: manslaughter (originally charged with murder but pleaded guilty to manslaughter). After a fight between the accused's friends & 3 young Aboriginal men outside a shop after the young Aboriginal men had been asked to leave the premises & the accused's friends took it upon themselves to escort them from the shop, the accused armed himself with kitchen knife & accompanied his friends to a park. BOUREL, Alan - CCA, Sentence appeal.2 x knowingly concerned in importation of trafficable quantity methylenediozymethylamphetamine (known as MDA or ecstasy).A group of Aboriginal men in the park saw the accused's group approaching & some of the Aboriginal group armed themselves with fence palings & ran off into a laneway where they were attacked by the accused & his friends, giving rise to the above charges. MT 4*y, AT 2*y.1,798 tablets analysed as containing 16.3 grams MDMA & 315.5 grams MDP-2-MB (both known as Ecstasy) with an estimated street value of ,000.The Court was advised on the day following the hearing & it was directed that application for leave to reopen be listed before the CCA in the ordinary course. Joint enterprise - applicant's sister charged with 2nd & 3rd counts.In the meantime, the CCA has heard extensive argument about the same issue in another matter & reserved its judgement. The 1st count related to a transaction which formed part of the larger enterprise in which both sisters were involved which police observed when conducting surveillance. Applicant involved in enterprise for more than 7 months.