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The victim was aged between 14 years 9 months & 15 years 4 months at the time of the offences.
The appeal raised various issues in connection with s.66EA of the Crimes Act 1900 (NSW). PITT, David John - CCA, Sully , Greg James & Adams JJCitation: R v Pitt  NSWCCA 408Sentence appeal.
The Executive Chairman of Impulse said the reason he told the appellant was that he was interested in buying the appellant's residence in Rose Bay but would have to make a conditional offer while waiting for the merger to go through.
He gave evidence that he told the appellant that because the appellant had been told this information, the appellant would not be able to trade in Qantas shares.
Appellant gave each company a Nature 10 form showing the correct duty payable.
Payments were made by the companies to the appellant or Customs.
LI, Wu - CCA, Spigelman CJ, Dunford & Hidden JJCitation: R v Li  NSWCCA 407Conviction appeal. Complainant gave evidence of appellant gaining entry to her unit on the night of the offences, of assaulting her & threatening her with a knife & preventing her from leaving the unit.
The prosecution case was that the offender, who was the foster mother of the 2 year old deceased, had inflicted injuries upon the child with intent to cause GBH & that the child had died from those injuries.
The victims of all offences were aged 14 or 15 at the time.
Each of the victims was injured, although not seriously.
Whether miscarriage of justice - actual or ostensible bias of trial judge - former professional association - whether 'personal animosity' involved in sentence - whether trial judge erred in not directing verdict of acquittal - meaning of 'information' - admissibility of evidence - prejudicial/probative value - medical evidence as to witness' capacity to give reliable evidence - whether summing up unfair - judicial comment/warning - whether verdict unreasonable - expert evidence - mental element of offence - fresh evidence of undiagnosed meningioma - relevance on appeal to issues of fitness to stand trial. O'BRIEN, Donald George - CCA, Grove J, Smart & Davidson AJCitation: R v O'Brien  NSWCCA 400Application for leave to withdraw pleas of guilty.31 x fraud offences (4 counts contrary to s.29D Crimes Act 1914 (Cth); 3 counts contrary to s.178A Crimes Act 1900; 24 counts contrary to s.178BA Crimes Act 1900).
Total of 3*y with NPP of 2y 8m All offences arose from the one criminal enterprise whereby appellant falsely represented himself as a registered customs agent to 4 companies & lodged Nature 10 documents to the Customs Department which fraudulently represented the nature of the imported cargo so that a Customs duty exemption was claimed.
At the sentence hearing, the judge sought confirmation from appellant as to the his understanding of the effect of pleading guilty & appellant said he understood completely.