NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : R. v. O'MEARA [2001] NSWCCA 201 FILE NUMBER(S) : CCA 60081/01 HEARING DATE(S) : 14/05/2001 JUDGMENT DATE : 6 July 2001
Regina (Appellant) PARTIES : Kenneth Ian O'Meara (Respondent) Attorney-General for New South Wales (Intervening) JUDGMENT OF : Powell JA at 1; Wood CJ at CL at 45; Sully J at 46
LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : DC 97/21/3206 LOWER COURT JUDICIAL Moore DCJ OFFICER :
M. C. Grogan (Appellant) COUNSEL : In person J.K. McDonnell (Solicitor) (Intervener) S.E. O'Connor (Appellant) SOLICITORS : In person I.V. Knight, Crown Solicitor (Intervener) CATCHWORDS : CRIMINAL LAW - Practice and procedure - Stay of proceedings - Crown appeal DECISION : Appeal allowed; Order for stay discharged.
IN THE COURT
OF CRIMINAL APPEAL CCA 60081/01 DC 97/21/3206 POWELL JA WOOD CJ at CL SULLY J
6 July 2001
R. v. O'MEARA
JUDGMENT 1 POWELL JA: This is an application by the Crown to extend the time for appealing, and, if that extension be granted, an appeal in respect of a Judgment delivered, and order made, by Moore DCJ on 14 November 2000, by which Order his Honour stayed conditionally the further prosecution of an indictment which had been found against the Respondent as long ago as August 1997. 2 By that indictment, the Respondent was charged with three offences, they being:
1. that on 15 February 1997 at Tahmoor he did cultivate prohibited plants, being a number of plants not less than the commercial quantity;
2. that on 15 February 1997 at Tahmoor he did possess a firearm namely a .22 calibre Jennings self loading pistol, without being licensed to do so by licence or permit; and
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