Federal Court of Australia
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MOGMENT No. 143./.87..
ATCHWORDS CRIMINAL LAW - A.C.T. - blackmail - appeals against conviction - whether evidence of victim's state of mind admissible - second
appellant led to believe Crown case against him was as principal in first degree - in fact Crown case was that he was principal in second degree - whether unjustly tried.
CRIMINAL LAW - A.C.T. - blackmail - appeals against sentence - whether evidence wrongly admitted, as relevant to sentence, of misbehaviour on other occasions not the subject of any charge - whether insufficient disparity between appellants' sentences - assistance to police - contrition.
Crimes Act 1900 (NSW) in its application to the A.C.T., s.112
R. v. Clear £1968] 1 0.B. 670 Connolly v. Willis (1984) 1N.S.W.L.R. 373 Lafitte v. Samuels C19723 S.A.S.R. 1
ANTON FRANCIS BENASIC v. THE QUEEN HARRY MALAVETAS v. THE QUEEN
No. ACT G42 of 1987 No. ACT G43 of 1987
CORAM: Fox, Kelly and Pincus JJ.
22 December 1987
Canberra
IN_THE FERAL COURT OF AUSTRALIA AUSTRALIAN CAPITAL TERRITORY
DISTRICT REGISTRY GENERAL DIVISION
)
)
) No. ACT G42 of 1987 ) No. ACT G43 of 1987 ) ) )
ON APPEAL from the Supreme Court of the Australian Capital Territory
BETWEEN : ANTON FRANCIS BENASIC
Appellant AND: THE QUEEN
Respondent AND:
HARRY MALAVETAS Appellant
THE QUEEN
Respondent
MINUTE OF ORDER
JUDGES MAKING ORDER: FOX. KELLY AND PINCUS JJ. DATE OF ORDER: 22 December 1987 WHERE MADE: Canberra.
THE COURT ORDERS THAT:
1. The appeals be dismissed.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
THE FEDERAL COURT OF AUSTRALIA AUSTRALIAN CAPITAL TERRITORY
ISTRICT REGISTRY GENERAL DIVISION
No. ACT G42 of 1987 No. ACT G43 of 1987
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ON APPEAL from the Supreme Court of the Australian Capital Territory
BETWEEN :
ANTON FRANCIS BENASIC Appellant
;
UEEN
Respondent
B
HARRY MALAVETAS
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