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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 [2005] HCA 1On appeal from the SC of WA.

In economics, physical capital or just capital is a factor of production (or input into the process of production), consisting of machinery, buildings, computers, and the like.

Having granted leave to amend the indictment, the DC judge then ordered that there be separate trials of the 2 counts.

In economic theory, physical capital is one of the three primary factors of production, also known as inputs in the production function.

The others are natural resources (including land), and labor — the stock of competences embodied in the labor force.

The Crown also relied upon an untaped admission made by Coates to police during a break in the videotaped ROI.

There was no attempt to have the admission subsequently affirmed on video & no contemporaneous notes were made of the admission. The trial judge refused to admit evidence from a defence witness that the Crown witness told him he made a deal with police & would give false evidence against the appellants.