Results.
6 judgments found.
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| November 2004 |
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Retracted confessions and possession of stolen property supported convictions; appeal against conviction and sentence dismissed.
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Criminal law — Burglary and theft — Possession of stolen property and confessions — Retracted confessions — Application of s176(1) Criminal Procedure and Evidence Code — Appeal against conviction and sentence dismissed.
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22 November 2004 |
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Retracted confessions properly admitted and corroborated; convictions for burglary and theft upheld and appeal dismissed.
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Criminal law — Burglary and theft — Retracted confessions — s.176(1) Criminal Procedure and Evidence Code — admissibility and weight of confessions — corroboration — appeal against conviction.
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22 November 2004 |
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Loss of property during a fight does not, without proof of force or threat, constitute robbery; conviction set aside.
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Criminal law — Robbery — Elements of offence — Taking by means of violence or threat to obtain or retain property — Loss of property during a fight does not necessarily constitute robbery — Conviction unsafe where essential elements not proved
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10 November 2004 |
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Court increases the respondent's burglary sentence from 36 to 84 months due to aggravating conduct and sentencing guidelines.
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Sentencing—Burglary; manifestly inadequate sentence; guideline starting point six years; aggravating factors (threat with knife, assaultive conduct); enhancement on review; concurrent sentences
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10 November 2004 |
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Convictions for housebreaking and theft upheld where accused were found in recent possession of stolen property.
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Criminal law — Housebreaking and theft — Doctrine of recent possession — Possession of stolen property shortly after offence as prima facie evidence of guilt — Appeal dismissed
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10 November 2004 |
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The court confirmed the respondent's rape conviction and upheld a seven-year sentence as not manifestly inadequate.
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Criminal law — Rape — Confirmation of conviction on review — Corroboration of complainant’s evidence — Sentencing — Whether a seven-year sentence is manifestly inadequate
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10 November 2004 |