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 [2003] NSWCCA 408Sentence appeal.
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 payments made to appellant were pocketed by him & the cheques made payable to Customs were fraudulently endorsed to an account in appellant's brother's name.
The first 4 counts on the indictment represented a total of 93 such fraudulent acts.
Whether pleas entered under undue pressure - whether sentences excessive. TRAN, Donny Minh - CCA, 5.2.2004James & Buddin JJCitation: R v Tran [2004] NSWCCA 6Sentence appeal.1 x robbery with corporal violence; 1 x attempted robbery with corporal violence; Form 1 matters (robbery in company, attempt robbery in company). The robbery with corporal violence & the Form 1 matters were committed by applicant in the company of 3 juveniles.
The attempt rob with corporal violence was committed by applicant acting alone.
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 payments made to appellant were pocketed by him & the cheques made payable to Customs were fraudulently endorsed to an account in appellant's brother's name.
The first 4 counts on the indictment represented a total of 93 such fraudulent acts.
Whether pleas entered under undue pressure - whether sentences excessive. TRAN, Donny Minh - CCA, 5.2.2004James & Buddin JJCitation: R v Tran [2004] NSWCCA 6Sentence appeal.1 x robbery with corporal violence; 1 x attempted robbery with corporal violence; Form 1 matters (robbery in company, attempt robbery in company). The robbery with corporal violence & the Form 1 matters were committed by applicant in the company of 3 juveniles.
The attempt rob with corporal violence was committed by applicant acting alone.
The respondent was in a relationship with the victim's mother for 10 years & stayed at her home on a regular basis.