Regina v O'Connor [2005] NSWCCA 5

New South Wales Court of Criminal Appeal

CITATION: Regina v O'Connor [2005] NSWCCA 5

HEARING DATE(S): 31 January 2005

JUDGMENT DATE: 31 January 2005

JUDGMENT OF: Sully J at 1; Kirby J at 31

DECISION: Leave to appeal against sentence granted; Appeal dismissed

Regina PARTIES: Anthony Ross O'CONNOR

FILE NUMBER(S): CCA 2004/2022

J. Girdham - Crown COUNSEL: P. M. Winch - Appellant

S. Kavanagh - Crown SOLICITORS: S. E. O'Connor - Appellant

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 03/51/0019

LOWER COURT JUDICIAL OFFICER: Ducker ADCJ

- IN THE COURT OF CRIMINAL APPEAL 2004/2022

SULLY J KIRBY J

31 JANUARY 2005 REGINA v Anthony Ross O'CONNOR Judgment 1 SULLY J: This is an application for leave to appeal against sentence. The applicant, Mr O'Connor, was brought to trial in the Lismore District Court before his Honour Ducker ADCJ and a jury in September 2003. 2 He was presented for trial upon an indictment containing two counts. Count 1 charged him with having wounded, with intent to murder, a particular named victim. Count 2 was led in the alternative, and charged him with having maliciously wounded the same victim, with intent to do grievous bodily harm. The applicant pleaded not guilty to both counts. The jury found him not guilty on count 1, but guilty on count 2. 3 On 25 November 2003 his Honour Ducker ADCJ sentenced the applicant to imprisonment for 11 years to commence on 22 July 2002 and to expire on 21 July 2013. His Honour set a non-parole period of 8 years and 3 months to commence on 22 July 2002 and to expire on 21 October 2010.