Catchwords

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS – MISDIRECTION AND NON-DIRECTION – GENERAL MATTERS – CONSIDERATION OF SUMMING UP AS A WHOLE – where each appellant was convicted by a jury in the District Court of attempting to defraud the Commonwealth – whether the learned trial judge erred in his direction to the jury concerning the failure of the respective appellants to give evidence

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – APPEAL BY ATTORNEY-GENERAL OR OTHER CROWN OFFICER – APPLICATIONS TO INCREASE SENTENCE – OTHER OFFENCES – where Hyde-Harris was sentence to three years imprisonment to be released after serving nine months – where Nicholson was sentenced to two and a half years imprisonment, to be released after six months – where the Commonwealth Director of Public Prosecutions appeals against the sentences imposed – whether the sentences imposed were manifestly inadequate