NSW Caselaw
New South Wales Supreme Court
CITATION : R v O'Leary [2004] NSWSC 821 HEARING DATE(S) : 15/06/04, 16/06/04, 17/06/04, 13/08/04, 03/09/04 JUDGMENT DATE : 3 September 2004
JUDGMENT OF : Buddin J DECISION : Sentenced to 16 years imprisonment to commence on 27 December 2002 and to expire on 26 December 2018 with a non-parole period of 11 years to commence on 27 December 2002 and to expire on 26 December 2013.
CATCHWORDS : Criminal law - murder - intent to inflict grievous bodily harm - plea of guilty and other favourable subjective features LEGISLATION CITED : Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cameron v The Queen (2002) 187 ALR 65 R v Chan [2002] NSWSC 544 R v de Souza 70105/94, NSWSC unreported, 10 November 1995 R v Eberlin 70054/99 NSWSC unreported 2 September 1999 CASES CITED : R v MA [2004] NSWCCA 92 R v Merritt (2004) NSWCCA 19 R v Previtera (1997) 94 A Crim R 76 R v Simpson (2001) 53 NSWLR 704 R v Thomson v Houlton (2000) 49 NSWLR 383 Veen v The Queen (No2) (1988) 164 CLR 465 PARTIES : Regina Michael Thomas O'Leary FILE NUMBER(S) : SC 70044/03 COUNSEL : P Cattini (Crown) J Hart (Offender) SOLICITORS : S Kavanagh (Crown) Donnelly Lawyers (Offender)
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
BUDDIN J
FRIDAY 3 SEPTEMBER 2004
70044/2003 – REGINA v MICHAEL THOMAS O'LEARY
REMARKS ON SENTENCE 1 HIS HONOUR: On 15 June 2004 Michael Thomas O'Leary (the offender) pleaded guilty to having murdered Maxwell Gordon Abbott at Windang on or about 15 December 2002. The offender is now aged 24. He was 22 at the time of the offence. He has been in custody since his arrest on 27 December 2002 and it is appropriate that the sentence to be imposed upon him should commence from that date. 2 A statement of facts was tendered on sentence. It is agreed that it constitutes the factual basis upon which I should proceed to sentence the offender. Subject to minor amendments, it is in the following terms: The deceased, Maxwell Gordon Abbott, aged 60 years, was the occupier of site 812 at the South Pacific Village Caravan Park at 138 Windang Road, Windang. This site contained a two bedroom relocatable home.
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