Regina v O'Connor [2003] NSWSC 1041

New South Wales Supreme Court

CITATION : Regina v O'Connor [2003] NSWSC 1041 HEARING DATE(S) : 04/08/03, 06/08/03, 07/08/03, 03/11/03 JUDGMENT DATE : 21 November 2003

JUDGMENT OF : Whealy J at 1 DECISION : Sentenced to a term of 5 years and 2 months imprisonment. The sentence is to commence on 27 January 2002. I set a non-parole period of 3 years and 2 months commencing on 27 January 2002 and ending on 26 March 2005. The offender will be eligible to be released on 26 March 2005. Recommend that, while in custody, the offender receive appropriate counselling including psychiatric counselling and anger management counselling. Further recommend that, upon release pursuant to any parole order, the Probation & Parole Service consider, as part of any supervision programme relating to the offender, that he be required to accept the direction of the Probation & Parole Service in relation to receiving continuing counselling including anger management. Further, that he be counselled and directed as to his use of alchol and illicit drugs during any period of parole.

CATCHWORDS : Manslaughter plea s 24 Crimes Act 1900 NSW LEGISLATION CITED : Children's (Criminal Proceedings) Act 1987 Crimes (Sentencing Procedure) Act 1999 Hill (1981) 3 A Crim R 397 at 402 per Street CJ CASES CITED : Macdonald (NSWCCA 12 December 1985) R v Dib [2003] NSWCCA 117 The Queen v Rutter [2003] NSWCCA 306 at para 9 PARTIES : Regina v James Dean O'Connor FILE NUMBER(S) : SC 70232/02 COUNSEL : Ms L Wells - Crown Mr Turnbull - Offender SOLICITORS : C. K. Smith - DPP Ross Hill & Associates