Executive stock option plans backdating motivation
This led to him being charged with the above charges. GATIEN, Paul Anthony - CCA, 9.12.98Conviction appeal. Appellant indicted on 7 counts, 6 were for sexual offences & one was for AOABH.The judge directed the jury to acquit on counts 1, 2 & 3.RAWLINGS, John Albert - CCA, Conviction and sentence appeal.2 x indecent assault upon person under 16 (9y & 10y - same complainant); attempt carnal knowledge upon person under 16 (11y). Applicant aged 47 at outset of offences - excessive drinking - large family to support - alcoholic father - hardship to family. Complainant first complained 3 months after incidents alleged to have occurred but never been able to specify exactly when or where they took place.MT 9m, AT 3m.40 year delay before allegations to police - admissibility of complaint evidence - admissibility of evidence of other sexual misconduct - directions to jury thereon - Evidence Act 1995 ss.97, 101, 108, 137. HUTTON, Keith Robert - CCA, 3.4.98Sentence appeal.8 x BE&S; 8 x obtain benefit by deception; 60 similar offences on a Form 1. During committal applications 2 applications made on behalf of defence for complainant to give evidence at committal.The station wagon became airborne & collided with a large sign on side of road. Proposed indictment containing 7 counts charging indecent assaults, assaults, sexual intercourse without consent.4 complainants who were either adopted or State wards being cared for by respondent & his wife. FRANCIPANE, Salvatore - CCA, Conviction and sentence appeal. Count 2: false pretences (0,000); in the alternative fraudulently omit to account. Elements of offence - meaning of 'account'- whether to order new trial where Crown could not succeed on case put at trial but might succeed at new trial on different case based on same evidence.Two passengers seated in rear of station wagon killed instantly. Appeal allowed: resentenced to WILLIAMS, Grant Raymond - CCA, Sentence appeal.1st indictment: 1 x act of indecency (s.61N); 3 x homosexual intercourse (s.78K); 4 matters on a Form 1.2nd indictment: 1 x indecent assault (s.61E(1) - since repealed); 2 x homosexual intercourse (s.78K); 1 x indecent assault (s.61N); 6 matters on a Form 1. Respondent's wife who may have been able to corroborate respondent now deceased. Count 1: conviction appeal allowed, verdict of acquittal entered.
For counts 9 & 10, appellant sentenced to concurrent MT 8y, AT 4y on each count & cumulative upon sentence of 3y FT for sexual assault; for remaining counts sentenced to between 1y & 3y to be served concurrently with other sentences imposed. Appeal allowed on count 10: resentenced to 2y FT to be served concurrently with other sentences. Leaving of evidence to jury where competing versions of events given - sufficiency of warning under s.165 Evidence Act concerning complainant's evidence & delay in making complaint - verdict unsafe & unsatisfactory - duty of trial counsel to seek directions - admissibility of evidence of complaint. Child sexual assault charges: indecent assault (fellatio); a number of acts of sexual intercourse.
Applicant was at large at the time of the above offences, having escaped from lawful custody 7 months before. Severity - accomplishments attained since incarceration (furthered education, completed drug & alcohol course). On the day in question, the wife told accused she would not return to him & was going to take their daughter away from him & mistreat her. MT 3m (to date from 17.5.98 & expire on 16.8.98), AT 9m. Respondent had been in custody, bail refused, on 2 occasions (approx 2 months in 1993 & 1 month in 1997).
The accused was angry, left the house, obtained an iron bar & knife, returned & struck wife on the head with the bar & stabbed her a number of times. The effect of the backdating of the MT was to allow respondent's immediate release on parole.
These applications opposed by prosecution & refused by magistrate. DOUGLAS, Trevor Anthony - CCA, Crown appeal.2 x dangerous drive causing death.12m PD.
Respondent was the driver of a prime mover & trailer which collided with the rear of a station wagon travelling in the same lane. SCOTT, Ernest Clyde - CCA, 8.12.98Crown appeal against orders granting permanent stay of proceedings. At the time of the offences, the appellant was a practising.