Regina v O'Brien [2002] NSWCCA 411

New South Wales Court of Criminal Appeal

CITATION : Regina v O'Brien [2002] NSWCCA 411 FILE NUMBER(S) : CCA 60681/01 HEARING DATE(S) : 25 September 2002 JUDGMENT DATE : 25 September 2002

PARTIES : Regina v Benjamin William O'Brien JUDGMENT OF : Buddin J at 39; Smart AJ at 1

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 01/11/0340 LOWER COURT JUDICIAL Naughton DCJ OFFICER :

COUNSEL : (C) R Hulme (R) G W Turnbull SOLICITORS : (C) S E O'Connor (R) D J Humphreys CATCHWORDS : Error in taking into account strength of Crown case when assessing discount for plea of guilty. LEGISLATION CITED : Nil CASES CITED: Nil DECISION : Grant leave to appeal; appeal dismissed

IN THE COURT OF CRIMINAL APPEAL

60681/01 BUDDIN J SMART AJ Thursday, 25 September 2002 REGINA v BENJAMIN WILLIAM O'BRIEN JUDGMENT 1. SMART AJ: The applicant, Benjamin William O'Brien, seeks leave to appeal against the following sentences imposed upon him in the District Court (Judge Naughton) pursuant to his pleas of guilty: 1. Drive conveyance taken 1 year from without consent of owner 9 August 2001

2. Use of an offensive 1 year from instrument to prevent 9 August 2002 lawful apprehension

3. Aggravated stealing 4 years from (maliciously inflicting 9 August 2003 actual bodily harm) with a non-parole period of 2 years On count 3, five other offences were taken into account. Facts 2. Count 1 - On 26 December 2000 the applicant stole a 1991 Holden Commodore Sedan from its parked position in Avon Road, Dee Why between 7 pm and 10 pm. When recovered it had been extensively damaged with necessary repairs costing about $4,000.