Adult x dating fraud
Whether leave to amend indictment should have been granted - if so, whether separate trials should have been ordered.
Leave to appeal against order granting leave to the Crown to amend the indictment granted but appeal refused.
Evidence - admissibility of admissions made off-video during interview with accused - whether reasonable excuse for not videotaping admissions - Criminal Code (WA), s.570D(2)(b), (4) - admissibility of evidence of prior inconsistent statement of witness - whether evidence of statement went to issue - whether admissible as exception to rule against admission of collateral statements - whether exceptions of bias, interest or corruption applicable - whether the detail of alleged statement indicating an exception to the collateral evidence rule must be put specifically to the witness in cross-examination - whether evidence of prior inconsistent statement hearsay - whether exception to hearsay rule - jury directions - whether trial judge's direction accorded with Mc Kinney v The Queen - appropriateness of reference to possible perjury on part of police. WILLIAMS, Luke Sheridan - CCA, 9.2.2005Sully, Hidden & Howie JJCitation: R v Williams  NSWCCA 14Sentence appeal.
O'CONNOR, Anthony Ross - CCA, 31.1.2005Sully & Kirby JJCitation: R v O'Connor  NSWCCA 5Sentence appeal.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.Appellant was the principal in this retail operation.He & a co-offender met with the deceased, who was supposedly going to sell guns & ammunition to them. The co-offender was found guilty of the murder of the deceased & was sentenced to 13y 35w with a NPP of 10y 9w.