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BICHAR, Therry Gillar - CCA, 23.1.2006 Basten JA, Howie & Hall JJ Citation: Bichar v R [2006] NSWCCA 1 Sentence appeal. When the train arrived, they boarded the train & the applicant sat behind the victim. As the train approached Sefton station, the applicant put his right arm around the victim's neck & held a used syringe to the left side of the victim's neck. Whilst waiting for a train at Liverpool station, the applicant struck up a conversation with the victim.

The vehicle rotated in an anti-clockwise direction around the pole & rolled onto its roof.Police arrived shortly thereafter & the applicant was arrested.Aged 32 at time of offence - entered army in 1989, served in Cambodia & Malaysia - medically discharged in 1997 suffering from Post-Traumatic Stress Disorder arising from witnessing deaths of & injuries to children caused by land mines - resultant abuse of alcohol - subsequent successful treatment - commenced employment with railways & suffered a head injury during course of that employment - treated at the Brain Injury Unit at Westmead Hospital - resultant headaches, neck pain, dizziness, difficulty controlling temper, depression, feelings of hopelessness, suicidal thoughts - began using heroin while rehabilitating from injury - relatively minor criminal record - previous imprisonment.Whether sentence excessive - whether quantifying increase in sentence an error of discretion - NPP more than 75% of total sentence - parity between co-offenders when a co-offender's sentence is inadequate. GONZALEZ, Paul Kevin - CCA, 19.1.2006 Basten JA, Howie & Hall JJ Citation: Gonzalez v R [2006] NSWCCA 4 Sentence appeal. When they left the hotel, the applicant insisted on driving.About 500 metres from the hotel, their vehicle failed to negotiate a right-hand bend, mounted the kerb & travelled about 5 metres before coming into contact with a telegraph pole.Whether reasonable apprehension of bias on part of fresh jury - whether miscarriage of justice in failure to discharge jury after possibly prejudicial evidence of dealing in other drugs - whether verdict in relation to Count 1 unsafe - whether miscarriage of justice because counsel unprepared or failed to act on instructions in conduct of defence. TETLEY, Jason Phillip - CCA, 10.2.2006 Handley JA, Adams & Latham JJ Citation: R v Tetley [2006] NSWCCA 22 Sentence appeal.


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