O’Connell v R [2016] NSWCCA 43

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: O'Connell v R [2016] NSWCCA 43 Hearing dates: 19 February 2016 Decision date: 18 March 2016 Before: Hoeben CJ at CL at [1] Adams J at [2] Fullerton J at [3] Decision: 1. Leave to appeal granted. 2. Appeal dismissed. Catchwords: CRIMINAL LAW – appeal against sentence - sexual assaults of two children - production of child abuse material – whether sentencing judge erred in failing to give practical effect to his finding of special circumstances Legislation Cited: Crimes Act 1900 (NSW), s 61M(2), s 91G(1)(a) Crimes (Sentencing Procedure) Act 1999 (NSW), s 44 Criminal Appeal Act 1912 (NSW), s 6(3) Cases Cited: CM v R [2013] NSWCCA 341 Kentwell v R (No 2) [2013] NSWCCA 96 Category: Principal judgment Parties: Shane Scott O'Connell (Applicant) The Crown (Respondent) Representation: Counsel: L Brasch (Applicant) N Adams (Crown)

Solicitors: Legal Aid NSW (Applicant) Solicitor for Public Prosecutions (Crown) File Number(s): 2013/238322013/103870 Publication restriction: Non-publication order re victims and victims' families Decision under appeal Court or tribunal: District Court Date of Decision: 12 May 2014 Before: Maiden SC DCJ File Number(s): 2013/23832 2013/103870