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Citation
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Judgment date
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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.
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.
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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Conviction for robbery set aside where disputed loss of property during mutual fight did not establish requisite elements of robbery.
Criminal law – Robbery (s.301 Penal Code) – Elements requiring theft with actual or threatened violence – Loss of property during mutual fight does not, without more, establish robbery; unsafe conviction set aside.
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10 November 2004 |
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Court increased burglary sentence from 36 to 84 months due to aggravating violence and adherence to a six-year guideline.
Criminal law – Burglary – Sentence review – Manifestly inadequate sentence – Sentencing guideline starting point six years – Aggravating factors: threat with knife and assault – Concurrent sentences.
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10 November 2004 |
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The appellant's appeal against housebreaking and theft convictions dismissed; recent possession supported the convictions.
Criminal law – housebreaking and theft – application of the doctrine of recent possession – conviction upheld on appeal.
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10 November 2004 |
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Court confirmed rape conviction and upheld a seven-year sentence as not manifestly inadequate.
Criminal law – Rape – Evidence and corroboration of complainant’s account – Sentence review – Whether seven-year sentence manifestly inadequate – Confirmation of conviction and sentence.
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10 November 2004 |