Fischetti v The Queen

The appeals concerned a conviction and sentence handed down by the Supreme Court of the Australian Capital Territory. The appellant, Fischetti, sought to appeal against both his conviction and the sentence imposed.

The central legal issues before the Court of Appeal were whether the primary judge had erred in dismissing applications made by the appellant to discharge the jury, whether the admission of tendency evidence and fresh evidence was lawful, and whether the sentence imposed was too severe, including considerations of the totality principle.

The Court of Appeal dismissed the appeals. It found no error in the primary judge's decisions regarding the jury discharge, the admission of evidence, or the sentencing. The Court applied established principles of criminal law and evidence, including those relating to the admissibility of tendency evidence and the proper application of the totality principle in sentencing. The specific reasons for these findings are detailed within the judgment.