REGINA v. O'NEILL [2005] NSWCCA 353

New South Wales Court of Criminal Appeal

CITATION: REGINA v. O'NEILL [2005] NSWCCA 353

HEARING DATE(S): Monday 15 August 2005

JUDGMENT DATE: 27 October 2005

JUDGMENT OF: Hulme J at 1; Hidden J at 4; Hall J at 5

DECISION: Leave be granted for an extension of time to apply for leave to appeal in respect of the sentence imposed by the District Court on 7 August 2003. Leave to appeal granted. Appeal dismissed.

CATCHWORDS: Criminal law - sentence - deemed supply of cocaine and cannabis - utilitarian value of the plea - strength of the Crown case - erroneous reference to the maximum penalty - error as to the wrong maximum penalty.

Drug (Misuse & Trafficking) Act 1985 LEGISLATION CITED: Crimes Act 1900 Criminal Appeal Act 1912

Thomson & Houlton (2000) 49 NSWRL 383 CASES CITED: Drew [2000] NSWCCA 384 Mason [2000] NSWCCA 82

REGINA v. PARTIES: Ryan Sydney Bruce O'NEILL

FILE NUMBER(S): CCA 2005/772

Crown: D. Frearson, SC. COUNSEL: App: A. Francis

Crown: S.E. O'Connor SOLICITORS: App: McKenzie Cox

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 03/51/0094

LOWER COURT JUDICIAL OFFICER: Ducker, DCJ.

IN THE COURT OF CRIMINAL APPEAL 2005/772

HULME, J. HIDDEN, J. HALL, J.

THURSDAY 27 OCTOBER 2005 REGINA v. RYAN SYDNEY O'NEILL Judgment

1 HULME J: In this matter I have had the advantage of reading the reasons of Hall J. I agree with his Honour that, despite the errors in the Applicant's sentencing, no sentence "less severe is warranted in law and should have been passed" and accordingly the appeal should be dismissed.