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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 respondent was in a relationship with the victim's mother for 10 years & stayed at her home on a regular basis.
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. 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.
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.
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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).