R v O'NEIL-SHAW [2009] NSWDC 48

New South Wales District Court

CITATION: R v O'NEIL-SHAW [2009] NSWDC 48

HEARING DATE(S): 29 February, 9 May, 4 August 2008, 10 March 2009

JUDGMENT DATE: 10 March 2009

JURISDICTION: Criminal

JUDGMENT OF: Finnane QC DCJ

DECISION: Sentenced to non-parole period of four years imprisonment to commence 5 December 2008 and expire 4 December 2012. Balance of of four years to commence 5 December 2012 and expire 4 December 2016.

CATCHWORDS: CRIMINAL LAW - Sentencing - maliciously inflict grevious bodily harm with intent to do grevious bodily harm - violent assault on stepfather

Osland v R (1998) 197 CLR 316 R v Bolder; R v Zaphir [2008] NSWCCA 222 R v Carroll [2008] NSWCCA 218 CASES CITED: R v Scott [2003] NSWSC 627 R v Sharon Kaye Yeoman [2003] NSWSC 194 Kennedy v R [2008] NSWCCA 21 McKenna v R [2007] NSWCCA 192 R v Elmir; R v Salami [2003] NSWCCA 192

TEXTS CITED: P Mones, "Parricide: Opening a Window Through the Defense of Teens Who Kill" (1996) vol 7 Stanford Law and Policy Review 61 J Rowe, "Escaping a Life of Abuse: Children Who Kill their Batterers and the Proper Role of "Battered Child Syndrome" in their Defense" (2006) Criminal Law Brief Fall 26

PARTIES: Crown David John O'Neil-Shaw (Offender)

FILE NUMBER(S): 2007/00015080

COUNSEL: C Allison, solicitor (Crown) S Littlemore QC (Offender)

SOLICITORS: NSW DPP (Crown) Marsdens Law (Offender)

SENTENCE

1 HIS HONOUR: This case concerns an attack by a young man on his stepfather. It was a savage attack with a large knife. The attack could well have resulted in the death of the victim and involved multiple stabbing to the neck, face, left arm and hand of the victim.