O’Shaughnessy v R [2020] NSWCCA 124

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: O'Shaughnessy v R [2020] NSWCCA 124 Hearing dates: 1 May 2020 Date of orders: 15 June 2020 Decision date: 15 June 2020 Before: Hoeben CJ at CL at [1] Walton J at [2] Harrison J at [3] Decision: (1) Grant leave to appeal against sentence. (2) Allow the appeal. (3) Quash the sentence imposed upon Mr O'Shaughnessy by Tupman DCJ on 14 December 2018. (4) In lieu thereof, sentence Mr O'Shaughnessy to imprisonment for 4 years commencing on 9 November 2017 and expiring on 8 November 2021 with a non-parole period of 3 years expiring on 8 November 2020. Catchwords: APPEAL – sentence appeal – whether sentence imposed manifestly excessive – where appellant purchased power tools to assist friend in opening drive shafts containing cocaine – where involvement of appellant minimal – where no evidence of prior knowledge or planning – where sentence imposed unreasonable and plainly unjust – re-sentence Legislation Cited: Criminal Code 1995 (Cth), s 307.5(1) Category: Principal judgment Parties: Klyde O'Shaughnessy (Applicant) Crown (Respondent) Representation: Counsel: C McGorey (Applicant) R Ranken (Respondent)

Solicitors: O'Brien Criminal & Civil Solicitors (Applicant) Commonwealth Director of Public Prosecutions (Respondent) File Number(s): 2017/339764 Publication restriction: Nil Decision under appeal Court or tribunal: District Court of NSW Jurisdiction: Criminal Date of Decision: 14 December 2018 Before: Tupman DCJ File Number(s): 2017/339764