NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: O'MEARA v R [2008] NSWCCA 154
HEARING DATE(S): 2 July 2008
JUDGMENT DATE: 14 July 2008
JUDGMENT OF: Allsop P at 1; James J at 2; Price J at 45
1. Extend the time for applying for leave to appeal against the sentences imposed by Judge Johnston on 15 December 1995 to the date of the filing of these applications. 2.Leave to appeal granted. DECISION: 3.Appeal allowed. 4.Quash the sentences imposed by Judge Johnston. 5.In lieu thereof sentence the applicant on each of the two charges of supplying a prohibited drug to a non-parole period of 15 months commencing 1 July 2007 and expiring on 30 September 2008 and a balance of the term of five months. 6.Order that the applicant be released on parole on 30 September 2008.
CATCHWORDS: CRIMINAL LAW - Sentencing - Periodic Detention of Prisoners Act 1981 - original sentences longer because order for periodic detention made
Crimes (Sentencing Procedure) Act LEGISLATION CITED: Periodic Detention of Prisoners Act 1981 Periodic Detention of Prisoners Amendment Act No 43 of 1998 Sentencing Act 1989
CATEGORY: Principal judgment
R v Douar (2005) 159 A Crim R 154 R v Sommerville (1995) 36 NSWLR 184 CASES CITED : R v Wegener [1999] NSWCCA 405 R v Wilson (1997) 93 A Crim R 301 R v Mikas (1996) 85 A Crim R 34
PARTIES: Shane Francis O'Meara The Crown
FILE NUMBER(S): CCA 1995/13297
COUNSEL: H K Dhanji / L J Doust (Appellant) N J Adams (Crown)
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