Regina v Brian Laurence O'Dowd [2002] NSWCCA 502

New South Wales Court of Criminal Appeal

CITATION : Regina v Brian Laurence O'Dowd [2002] NSWCCA 502 FILE NUMBER(S) : CCA 60155/02 HEARING DATE(S) : 13/12/02 JUDGMENT DATE : 13 December 2002

PARTIES : Regina Brian Laurence O'Dowd (Applicant) JUDGMENT OF : Sperling J at 18; Buddin J at 1

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 00/51/0168 LOWER COURT JUDICIAL Freeman DCJ OFFICER :

COUNSEL : WG Dawe QC (Crown) CT Loukas (Applicant) SOLICITORS : SE O'Connor (Crown) DJ Humphrey (Applicant) CATCHWORDS : Appeal against severity of sentences - various drug offences and conspiracy to commit armed robbery in company - sentences held to be manifestly excessive. Crimes (Sentencing Procedure) Act LEGISLATION CITED : Criminal Appeal Act 1912 Drug Misuse and Trafficking Act 1985 Firearms Act 1996 CASES CITED: R v Simpson (2001) 53 NSWLR 704 R v Thomson and Houlton (2000) 49 NSWLR 383 DECISION : Leave to appeal granted. Appeal allowed. Sentence imposed in relation to count 2 is quashed. In lieu thereof the applicant is sentenced to a fixed term of four years' imprisonment to commence on 4 March 2003 and to expire on 3 March 2007. The sentence in respect of count 3 is confirmed but will now commence on 4 March 2007 and expire on 3 March 2011 with a non-parole period of 1 year to expire on 3 March 2008. The sentence in respect of count 5 is confirmed but it will now commence on 4 March 2007 and expire on 3 March 2009 with a non-parole period to expire on 3 March 2008 at which time the applicant will be eligible for release on parole. The sentences on counts 1 and 4 are confirmed.