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Pre-sentence report ordered but not obtained - accumulation - whether overall sentence excessive. DANIAL, Fawzieh Nona - CCA, 31.1.2008Mc Clellan CJ at CL, James & Barr JJCitation: Danial v R  NSWCCA 15Sentence appeal (extension of time).
Import marketable quantity heroin.6y with a NPP of 4y.
The applicant later agreed to an external body search & was found to have 4 packages concealed within her underwear.
The packages were found to contain 239 grams of heroin with a pure weight of 94.4 grams. She claimed that she had been approached to carry the packages into Australia for which she would be paid ,000.
Following his arrest, the applicant's property was searched & the keys to both vehicles were found.
Whether error in making finding that offences were planned - partial accumulation of sentences - whether overall sentence manifestly excessive. HANDLEY, Scott Wallace - CCA, 30.1.2008Hodgson JA, Kirby & Buddin JJCitation: Handley v R  NSWCCA 5Sentence appeal.2 x B&E; 1 x demand property with menaces; Form 1 matters. The applicant was unrepresented & his appearance in the CCA was via video-link.
After committing the 3rd offence, he removed 2 motor vehicles from the premises.
The offences were committed against a 9 year old boy in a toilet.
The complainant told his mother & family friends immediately after the incident.
Evidence - portions of "walk through" video tendered by defence at trial - prosecution objected to tender of whole video - in closing prosecutor invited jury to draw adverse inferences from portions played - trial judge refused to allow defence to re-open case to tender whole of video - whether re-opening ought to have been allowed - whether direction to jury required to overcome prejudicial effects of prosecutor's invitation.
Duty of prosecutor to tender all inculpatory statements - whether prosecutor obliged to tender "walk through" video in whole or in part.
DAVIE, Jeffrey Wayne - CCA, 29.1.2008Grove, Simpson & Barr JJCitation: Davie v R  NSWCCA 2Conviction appeal.