O’Hara v R [2021] NSWCCA 157

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: O'Hara v R [2021] NSWCCA 157 Hearing dates: 07 May 2021 Date of orders: 14 July 2021 Decision date: 14 July 2021 Before: Payne JA at [1] Garling J at [2] Wright J at [46] Decision: (1) Grant leave to appeal on Ground 2. (2) Appeal dismissed. Catchwords: CRIME – appeals – appeal against sentence – findings of pre-meditation and planning - whether findings made which were inconsistent - whether erroneously taken to be aggravating factor on sentence – held no inconsistency in judge's findings – leave granted - appeal dismissed Legislation Cited: Children (Criminal Proceedings) Act 1987 Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 Cases Cited: R v Henry [1999] NSWCCA 107; (1999) 46 NSWLR 346 Texts Cited: Not Applicant Category: Principal judgment Parties: Dylan O'Hara (Applicant) The Crown Representation: Counsel: L Fernandez (Applicant) C Young (Crown)

Solicitors: Legal Aid NSW (Applicant) Office of the Director of Public Prosecutions (Crown) File Number(s): 2019/7591 Publication restriction: Not Applicable Decision under appeal Court or tribunal: District Court Jurisdiction: Criminal Date of Decision: 18 December 2019 Before: N L Williams DCJ File Number(s): 2019/7591