O’Sullivan v R [2021] NSWCCA 41

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: O'Sullivan v R [2021] NSWCCA 41 Hearing dates: 3 March 2021 Decision date: 19 March 2021 Before: Basten JA at [1]; Harrison J at [32]; Adamson J at [33] Decision: (1) Refuse leave to appeal pursuant to Criminal Appeal Rules, r 4, with respect to the sole ground in the application for leave to appeal. (2) Dismiss the application for leave to appeal. Catchwords: CRIME – appeal – miscarriage of justice – misstatement of prosecution case by trial judge – whether misstatement was significant in a material respect CRIME – violent offences – wound with intent to cause grievous bodily harm – glassing with empty bottle – second possible offender present – whether prosecution had excluded possibility that other person responsible for attack Legislation Cited: Criminal Appeal Act 1912 (NSW), ss 5, 6 Criminal Appeal Rules (NSW), r 4 Cases Cited: R v Germakian (2007) 70 NSWLR 467; [2007] NSWCCA 373 Category: Principal judgment Parties: Solomen O'Sullivan (Applicant) Regina (Respondent) Representation: Counsel: A Moutasallem (Applicant) M Kumar (Respondent)

Solicitors: Pinnacle Lawyers (Applicant) Solicitor of Public Prosecutions (Respondent) File Number(s): 2018/163292 Decision under appeal Court or tribunal: District Court Jurisdiction: Criminal Date of Decision: 13 September 2019 Before: Buscombe DCJ File Number(s): 2018/163292