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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.
Whether trial miscarried - whether verdict unreasonable - rulings - directions - common enterprise - witness evidence - self-defence - provocation - motive.
Apart from the above count, applicant had also been charged with wound with intent to murder, however, the jury returned a verdict of not guilty on that count.
Whether error in assessing future dangerousness - under the influence of Temazepam & alcohol at the time of offending - whether error in failure to give any or sufficient weight to subjective circumstances - whether error in weight given to use of weapon - finding of 'gratuitous cruelty'- whether sentence manifestly excessive. NICHOLLS and COATES - HCA, 3.2.2005 219 CLR 196; 79 ALJR 468Citation: Nicholls v The Queen; Coates v The Queen  HCA 1On appeal from the SC of WA.
The victim suffered a skull fracture with bleeding & swelling to the brain & was hospitalised for a little over 3 weeks.
He underwent surgery for the reconstruction of his skull, which included the insertion of metal plates.
The van driven by the accused failed to take a sweeping curve in the road, left the roadway for about 7 metres & collided with a telegraph pole.