O’Brien v R [2022] NSWCCA 234

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: O'Brien v R [2022] NSWCCA 234 Hearing dates: 7 September 2022 Decision date: 04 November 2022 Before: Mitchelmore JA at [1]; Button J at [2]; Wright J at [41] Decision: (1) Leave to appeal against sentence refused. Catchwords: CRIME – Appeals – Appeal against sentence – Dishonestly obtain financial advantage – Manifest excess – Where "exceptional hardship" specifically conceded not to exist before sentencing judge – Manifest excess ground not sustained – Leave to appeal refused Legislation Cited: Crimes Act 1900 (NSW) Crimes Act 1914 (Cth) Cases Cited: R v Edwards (1996) 90 A Crim R 510 Totaan v R [2022] NSWCCA 75 Category: Principal judgment Parties: Patrick O'Brien (Applicant) Rex (Crown) Representation: Counsel: S Kluss (Applicant) E Wilkins SC (Crown)

Solicitors: Ross Hill and Associate Solicitors (Applicant) Solicitor for Public Prosecutions (NSW) (Crown) File Number(s): 2020/155965; 2020/177699; 2020/194339; 2020/198790; 2020/147279; 2020/215291 Publication restriction: Nil Decision under appeal Court or tribunal: District Court of NSW Jurisdiction: Criminal Date of Decision: 17 December 2021 Before: Ingram SC DCJ File Number(s): 2020/155965; 2020/177699; 2020/194339; 2020/198790; 2020/147279; 2020/215291