O'Grady v Regina [2013] NSWCCA 281

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: O'Grady v Regina [2013] NSWCCA 281 Hearing dates: 21 October 2013 Decision date: 18 November 2013 Before: Hoeben CJ at CL at [1] Johnson J at [2] Bellew J [3] Decision: (i) The application for an extension of time is dismissed Catchwords: CRIMINAL LAW - appeal - application for extension of time on the basis of asserted Muldrock error - error established

CRIMINAL LAW - appeal - offence of aggravated breaking and entering in the nature of a home invasion - where applicant found to have been the orchestrator of offence - where offence committed in company - where violence perpetrated on victim resulting in significant injuries requiring hospitalisation - no lesser sentence warranted in law - application for extension of time dismissed Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Appeal Act 1912 (NSW) Cases Cited: Abdul v R [2013] NSWCCA 247 Baxter v R [2007] NSWCCA 237; (2007) 173 A Crim R 284 Muldrock v R (2011) 244 CLR 120; [2011] HCA 39 O'Grady v R [2012] NSWCCA 62 Palijan v R [2010] NSWCCA 142 Category: Principal judgment Parties: Andrew William James O'Grady - Applicant Regina - Respondent Representation: Counsel: Mr C Smith - Applicant Ms N Noman SC - Respondent Solicitors: Legal Aid NSW - Applicant S Kavanagh, Solicitor for Public Prosecutions - Respondent File Number(s): 2009 / 9964006 Publication restriction: Nil Decision under appeal Date of Decision: 2010-09-17 00:00:00 Before: Murrell DCJ