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Applicant & co-accused arrested following a controlled delivery of a consignment of pineapples to premises in Sydney.
Maliciously inflict GBH; supply prohibited drug (25.53 grams methylamphetamine); a charge of possess cannabis leaf taken into account. From the wrong side of the road, appellant overtook a car driven by victim's wife.The supply offences arose out of the supply of methylamphetamine to an undercover police officer on 5 occasions over a period of 10 days.On 3 occasions the quantity supplied was half a gram for which applicant received for each deal.Victim sustained full thickness burns to 93% of her body as well as severe internal inhalation injuries, leaving her with enormous level of disfigurement & disability, her mobility severely affected by substantial scar tissue.At the time of the incident, medical opinion was that she was not expected to live. A neighbour who tried to stop the appellant from setting the victim alight received partial thickness burns to 10-15% of his body.Evidence was received from one witness, whereupon the Crown commenced cross examination of that witness.Objection was taken on the grounds of self-incrimination.CARROLL, Douglas John Frederick - CCA, Greg James & Whealy JJCitation: R v Carroll  NSWCCA 511Sentence appeal.1 x BE&S; 1 x aggravated BE&S; 6 offences on a Form 1 (take & use conveyance; BE&S; possess housebreaking implements; possess explosive device; possess prohibited drug).5y 3m with NPP of 2y 3m. Aged 34y 9m at time of sentence - discount for guilty plea - special circumstances - positive steps towards rehabilitation - disproportion between head sentence & NPP.Appeal allowed: resentenced to 4y 3m with NPP of 2y 3m.Prior sentences - sentencing for serious multiple offences - correct commencement dates for subsequent sentences - sentence must start at expiration of NPP of prior sentences - allowance for early guilty plea - law reform - need for amendment of sentencing legislation to ensure total of head sentences not reduced, by reason of accumulation provisions to an unacceptable level. High category of blameworthiness - not worst case category - infatuation - break-up of illicit liaison by victim - anger, resentment, vengeance and deprivation as motivating factors - absence of remorse and contrition - general deterrence - special circumstances - age of prisoner - progressive medical condition of prisoner. KINCHELA, Shane Anthony - NSW SC, Sperling J, 23.1.2002Citation: R v Kinchela  NSWSC 8Judgment on application for bail for purpose of obtaining treatment for alcohol dependency.Appeal allowed: errors corrected, sentences restructured. KHALOUF, Ali - NSW SC, O'Keefe J, 29.1.2002Citation: R v Khalouf  NSWSC 19Remarks on Sentence. Applicant on remand, facing committal proceedings following threatening 3 youths with a firearm as well as a large number of people at a hotel.