O'MEARA, Kenneth John v R [2009] NSWCCA 90

Appeal Outcome: Special leave dismissed by the High Court 10 March 2010 (S179/2009)

New South Wales Court of Criminal Appeal

CITATION: O'MEARA, Kenneth John v R [2009] NSWCCA 90

HEARING DATE(S): 24 September 2008

JUDGMENT DATE: 2 April 2009

JUDGMENT OF: McClellan CJatCL at 1; Hoeben J at 2; Harrison J at 3

DECISION: 1. Other than with respect to the appeal against sentence, leave to appeal in respect of all grounds sought to be raised after the hearing of the appeal on 2 September 2008 refused. 2. Appeal against conviction and sentence otherwise dismissed.

CATCHWORDS: CRIMINAL LAW – appeal against conviction and sentence – whether trial judge erred by failing to give jury an Edwards direction – whether trial judge failed to put defence case to jury in summing up – whether trial judge's directions on attempt were adequate - whether trial was unfair by reason of counsel's failure to apply for and trial judge's failure to grant separate trials on separate counts – whether trial judge erred in directing jury that Commissioner of Taxation was a Commonwealth entity – further grounds of appeal submitted after hearing of the appeal - whether abuse of process - grounds of appeal futile in any event – appeal against conviction dismissed – CRIMINAL LAW - appeal against sentence – whether trial judge erred in not sentencing separately – whether sentences inappropriately accumulated – whether the offences were stale - whether sentences manifestly excessive – appeal against sentences dismissed

Criminal Appeal Act 1912 LEGISLATION CITED: Criminal Code Act 1995 (Cth) Director of Public Prosecutions Act 1983 (Cth) Taxation Administration Act 1958 (Cth)

CATEGORY: Principal judgment