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Evidence - admissibility of admissions made off-video during interview with accused - whether reasonable excuse for not videotaping admissions - Criminal Code (WA), s.570D(2)(b), (4) - admissibility of evidence of prior inconsistent statement of witness - whether evidence of statement went to issue - whether admissible as exception to rule against admission of collateral statements - whether exceptions of bias, interest or corruption applicable - whether the detail of alleged statement indicating an exception to the collateral evidence rule must be put specifically to the witness in cross-examination - whether evidence of prior inconsistent statement hearsay - whether exception to hearsay rule - jury directions - whether trial judge's direction accorded with Mc Kinneyv The Queen - appropriateness of reference to possible perjury on part of police. WILLIAMS, Luke Sheridan - CCA, 9.2.2005Sully, Hidden & Howie JJCitation: R v Williams  NSWCCA 14Sentence appeal.
Maliciously inflict GBH with intent to inflict GBH.3y with NPP of 18m.
Applicant assaulted his stepfather because of an allegation that he had sexually assaulted the applicant's sister when she was 9 years old.
During the assault, applicant at one time armed himself with a mattock & at another time with an axe.
On the day the trial was to commence, the Crown made an application to the DC judge to amend the indictment by adding a further & alternative count under s.52A(3)(c).
When the victim tried to escape, the applicant pursued him & struck him twice to the back of the head with a piece of dead branch.Crown appeal against order for separate trials allowed: order quashed.O'CONNOR, Anthony Ross - CCA, 31.1.2005Sully & Kirby JJCitation: R v O'Connor  NSWCCA 5Sentence appeal.Aged 2 months short of 18th birthday at time of offence - born in Vietnam - completed year 5 in Vietnam, then attended school in Australia & completed year 9 - not attracted to learning - family life consisted of rigid routine of work & school, little socialisation or fun - drank alcohol mainly on weekends - did not use illicit drugs - formed relationship with young woman & has a young child - below average intelligence.Whether trial miscarried - whether verdict unreasonable - rulings - directions - common enterprise - witness evidence - self-defence - provocation - motive.