Regina v O'Hare [2003] NSWSC 652

New South Wales Supreme Court

CITATION : Regina v O'Hare [2003] NSWSC 652 HEARING DATE(S) : 19/05/03, 18/07/03 JUDGMENT DATE : 25 July 2003

JUDGMENT OF : Whealy J at 1 DECISION : I sentence you to a term of 6 years imprisonment. I set a non-parole period of 3 years and 6 months which is to commence on 23 May 2003 and is to expire on 22 November 2006. The offender is to be eligible for parole on 22 November 2005. I recommend that during his time in prison the offender should be provided with ongoing psychiatric assessment and treatment and should receive counselling for anger management and for alcohol and drug abuse if that facilty continues to be available to him. I recommend, notwithstanding that it is essentially a matter for the Parole Board, that the conditions of parole are to include conditions as to supervision and that as part of the supervision the offender be required to accept the direction of the Probation & Parole Service in relation to receiving continued psychological counselling including anger management. Further, that he be directed and counselled as to his use of alcohol and illicit drugs during any period of parole.

CATCHWORDS : Plea of Guilty to Manslaughter LEGISLATION CITED : Crimes Act Crimes (Sentencing Procedure) Act 1999 Regina v Previtera (1997) 94 ACR 76 CASES CITED : Bollen v Regina (1998) 99 ACR 510 Regina v McDonald (NSWCCA unreported 12 December 1995) Regina v Hill (1981) 3 A Crim R 397 per Street CJ PARTIES : Regina v Jeremy James O'Hare FILE NUMBER(S) : SC 70115/02 COUNSEL : Mr P. Dare SC - Crown Ms McSpedden - Offender SOLICITORS : Office of the Director of Public Prosecutions Legal Aid