Backdating contracts verbal contracts and contract splitting are considered
Whether pleas entered under undue pressure - whether sentences excessive. TRAN, Donny Minh - CCA, 5.2.2004James & Buddin JJCitation: R v Tran  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.
Voice identification - speech in intercepted telephone calls in Cantonese - police officer hears calls - later identifies voice of speaker from Cantonese speech at interview with police - whether evidence rightly admitted. JMP - CCA, Barr J, Miles AJCitation: R v JMP  NSWCCA 369Sentence appeal.
History of offences - assistance to authorities - parity of sentences of co-offender - concurrency of sentences - totality principle.
Appeal allowed on counts 6, 7 & 8: resentenced to total of 8y with NPP of 5*y. They had been divorced in the same month as the date upon which the offences occurred. There was evidence of complainant's unhappy relationship with the appellant, including prior incidents of appellant being violent towards her.
Appellant gave each company a Nature 10 form showing the correct duty payable.
Payments were made by the companies to the appellant or Customs.
A rock was dropped on his head & he was kicked in the head.
The victim suffered a fractured skull & brain damage.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.Counsel for appellant then informed the trial judge that he had instructions to enter pleas.Appellant was re-arraigned & pleaded guilty to all counts.The victim was aged between 14 years 9 months & 15 years 4 months at the time of the offences.