Federal Court of Australia
»"
CATCHWORDS Criminal law - evidence - unsworn statement by accused - probative value - inadequacy of direction to the jury -
previous inconsistent statements of witnesses - whether judge
should direct as to credibility of such witnesses. Jury - judge's discretion not to discharge.
Sentence - exercise of discretion.
Australian Capital Territory Evidence Ordinance, s.74.
PETER DAVID SORGENFRIE v. THE QUEEN
No. A.C.T. G25 of 1980
Coram: Bowen C.J., Smithers and Fisher JJ.
19 March 1981
Sydney.
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY
DISTRICT REGISTRY
GENERAL DIVISION
JUDGES MAKING ORDER:
DATE OF ORDER:
WHERE MADE:
THE COURT ORDERS THAT:
No. A.C.T. G25 of 1980
eer ww Sw
ON APPEAL from the Supreme Court of the Australian Capital Territory
BETWEEN:
PETER DAVID SORGENFRIE
Appellant AND: THE QUEEN
Respondent
RDER
Bowen C.J., Smithers and Fisher JJ.
19 March 1981.
Sydney.
1. The appeal against conviction be dismissed.
2. The appeal against sentence be allowed.
3. The sentence be reduced
to two years' imprisonment with
hard labour with a non-parole period of one year.
IN THE FEDERAL COURT OF AUSTRALIA AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY No. A.C.T. G25 of 1980
GENERAL DIVISION
ON APPEAL from the Supreme Court of the Australian Capital Territory
BETWEEN:
PETER DAVID SORGENFRIE
Appellant
AND:
THE QUEEN Respondent
CORAM: Bowen C.J., Smithers and Fisher JJ.
19 March 1981.
REASONS FOR JUDGMENT
BOWEN C.J. and FISHER J.: The appellant was charged on indictment before the Supreme Court of the Australian Capital Territory on a count of assaulting William Van Veen ("Van Veen") thereby occasioning him actual bodily harm. After a trial before a judge and jury the appellant was convicted on this count and sentenced to imprisonment for three years with
a non-parole period of 16 months. He appeals to this Court
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate