O'NEILL v R [2012] NSWCCA 22

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: O'NEILL v R [2012] NSWCCA 22 Hearing dates: 1 February 2012 Decision date: 29 February 2012 Jurisdiction: Common Law - Criminal Before: Whealy JA at [1] RS Hulme J at [2] Hidden J at [3] Decision: Leave to appeal granted, appeal dismissed. Catchwords: CRIMINAL LAW - application for leave to appeal against sentence - break, enter and steal - sentence accumulated upon sentences for other offences - effective non-parole period more than 75% of aggregate sentence - not an oversight by sentencing judge - no error Legislation Cited: Crimes Act 1900 Criminal Appeal Act 1912 Cases Cited: Kalache v R [2011] NSWCCA 210 Mill v The Queen [1998] HCA 70; 166 CLR 59 Stevens v R [2008] NSWCCA 294 France v R [2010] NSWCCA 24 Texts Cited: Thomas, Principles of Sentencing, 2nd ed Category: Principal judgment Parties: Leslie William O'Neill (applicant) Regina (respondent) Representation: Counsel P Townsend (Senior Solicitor Advocate - Legal Aid NSW) (applicant) N Gouda (respondent) Solicitors B Sandland (Legal Aid NSW) (applicant) S Kavanagh (Solicitor for Public Prosecutions) (respondent) File Number(s): 2009/260509 Decision under appeal Jurisdiction: 9101 Date of Decision: 2010-11-18 00:00:00 Before: English DCJ File Number(s): 2009/260509