June 24, 2013

Appeal Recent Cases

criminal appeal case law books

On this page you can review real appeal case studies in which O’Brien Solicitors have acted. Our case studies confirm our position as highly capable and client-focused, specialist criminal defence lawyers in Sydney when it comes to appealing verdict / conviction or severity of sentencing.

CGK– NSW Court of Criminal Appeal rejects Crown Appeal

CGK, was on parole when he committed two robbery offences. He was arrested and sentenced to a term of imprisonment for four years with a non-parole period of three years. The Crown appealed this judgment on the basis of manifest inadequacy. The firm represented CKG in NSW Court of Criminal Appeal.

Key terms: Court of Criminal Appeal; Criminal Appeals; Crown Appeal; Inadequacy of Sentence; Armed Robbery; Backdated sentences to the revocation of parole; Concurrent Sentences; Medical issues of the offender

RH – Conviction quashed in NSW Court of Criminal Appeal

RH was charged with causing grievous bodily harm. During the first trial, the prosecution relied on the evidence of two witnesses and the alleged victim. The defence argued an alternative hypothesis to explain how the victim got harmed. Despite the defence discrediting the complainant’s evidence the trial judge nevertheless convicted RH and sentenced her to 2 years imprisonment. We represented RH in her conviction appeal. Ultimately RH’s conviction was quashed and she was released.

Key terms: causing grievous bodily harm –  inconsistencies in first trial – NSW Court of Criminal Appeal – appeal against conviction – appeal upheld – conviction quashed

LXYClient convicted in absence, appeals conviction

LXY was arrested and charged with a number of offences. LXY was released on bail but failed to appear at her hearing and was convicted in her absence. The defence applied for an annulment of the conviction, submitting that LXY was not in the right state of mind when she received her release papers and was unaware of her court date. The magistrate refused the application and so the defence appealed the decision to the District Court. The appeal was successful and the matter was referred back to the Local Court for mention.

Key terms: Resist officer in execution of dutySection 58 Crimes Act 1900 – Assault police officer in execution of duty w/o ABHSection 60(1) Crimes Act 1900 – Dispose m/v part theftSection 188(1) Crimes Act 1900 – Goods in personal custody suspected being stolen (not m/v)Section 527c(1)(A) – Possess unregistered firearm pistol, Section 36(1) Firearms Act 1996 – Possess unauthorised pistol, Section 7(1) Firearms Act 1996 – Possess identity info to commit indictable offence, Section 192k Crimes Act 1900 – Knowingly participate in criminal group assist crime, Section 93t(1a) Crimes Act 1900 – Deal with identity info to commit indictable offences, Section 192j Crimes Act 1900– Fail to appear in accordance with bail acknowledgement Discharge of Surety and Sect 25(2)Section 79(1) Bail Act 2013

XB – Severity of sentence reduced after client convicted and sentenced with assault offences

During an altercation with her partner, XB’s partner suffered a deep cut to his thigh. XB was charged with reckless wounding, assault occasioning actual bodily harm and stalking or intimidation with intent to cause fear of physical or mental harm. We assisted XB in her negotiations with the prosecutor who accepted a plea of guilty to the charge of assault occasioning actual bodily harm, and the other charges were dropped. She was sentenced to an Intensive Correction Order for 18 months duration. We helped XB successfully appeal the severity of her sentence. Instead she received a good behaviour bond.

Key terms: reckless wounding – section 35 Crimes Act 1900 (NSW) – assault occasioning actual bodily harm – section 59 Crimes Act 1900 (NSW) – intensive correction order – section 7 Crimes (Sentencing Procedure) Act 1999 (NSW) – good behaviour bond – section 9 Crimes (Sentencing Procedure) Act 1999 (NSW) – appeal on severity of sentence

TXK – Conviction for stealing offences quashed after appeal

TXK was charged with stealing and receiving stolen goods. He was convicted of stealing in the Local Court. We helped TXK appeal the conviction to the District Court. The appeal was upheld and the conviction was quashed.

Key terms: Larceny, Section 117 Crimes Act 1900 – alternative charge, receiving unlawfully obtained goods, Section 189 Crimes Act 1900 – convicted at Local Court – appeal to District Court – appeal upheld – conviction quashed

BDA – Sentence downgraded after successful appeal

BDA pleaded guilty to negligent driving occasioning grievous bodily harm. He was convicted and sentenced to a 12 month good behaviour bond and disqualified from driving for 12 months. The defence appealed the decision on the basis of severity. We assisted BDA in submitting character references that made it clear that the license disqualification would impact on his employment. The appeal was successful and BDA’s sentence was downgraded.

Key terms: Negligent driving occasioning grievous bodily harm, Section 117(1)(b) Road Transport Act 2013 – disqualification of licence – good behaviour bond, Section 9 Crimes (Sentencing Procedure) Act 1999 – severity appeal – back-date licence disqualification – conditional non-conviction order, Section 10(1)(b) Crimes (Sentencing Procedure) Act 1999

UDJ – Conviction and fine downgraded to non-conviction order

UDJ was charged with possession of a prohibited drug and pleaded guilty to the charge. He was fined and a conviction was recorded. The defence helped UDJ appeal the sentence on the ground of severity. Based on our submissions to the court, UDJ’s sentence was downgraded to a non-conviction order.

Key terms: severity appeal – submissions on remorse and rehabilitation – non-conviction order, conditional on good behaviour bond, Section 10(1)(b) Crimes (Sentencing Procedure) Act 1999

WMK – Sentence downgraded following successful appeal

WMK was charged with, and pleaded guilty to committing an act of indecency. He was sentenced to a 6 month suspended sentence but appealed the sentence on the ground of severity. The defence successfully argued that WMK was remorseful and was unlikely to repeat the offence in the future. His appeal was upheld and the sentence was downgraded.

Key terms: Commit act of indecency with person 16 years or over, Section 61N(2) Crimes Act 1900 – suspended sentence, Section 12 Crimes (Sentencing Procedure) Act 1999 – severity appeal – submissions upon appeal – appeal upheld – good behaviour bond, Section 9 Crimes (Sentencing Procedure) Act 1999

MVK – Period of client’s licence disqualification reduced following appeal

MVK had his driver’s licence suspended for 18 months after being convicted of negligent driving occasioning grievous bodily harm. The defence helped MVK appeal the sentence on the ground of severity. The appeal judge took into consideration the defence’s submissions and reduced MVK’s licence disqualification.

Key terms: Negligent driving occasioning grievous bodily harm, Section 117(1)(B) Road Transport Act 2013 – severity appeal – minimum disqualification period imposed

YRW – Severity of client’s sentence reduced

YRW was convicted of common assault. The defence helped YRW bring an all-grounds appeal. The defence successfully exposed the inconsistencies of the prosecution’s evidence. Although the appeal against the conviction was dismissed, the severity of the original sentence was upheld.

Key terms: All-grounds appeal – common assault, Section 61 Crimes Act 1900 – inconsistent prosecution evidence – conviction with no other penalty, Section 10A Crimes (Sentencing Procedure) Act 1999

TYK – Conviction for stealing quashed after successful appeal

TYK was convicted of stealing and sentenced to 12 months imprisonment.  TYK appealed against the conviction. During the appeals hearing the defence established that the evidence was incapable of establishing that TYK possessed the stolen items. The appeal was upheld and the conviction was quashed.

Key terms: District Court appeal against conviction – convicted in Local Court after hearing of larceny – Crimes Act 1900 – appellant sentence to imprisonment – appeal successful conviction quashed – verdict of not guilty entered

JC – Successful sentencing appeal after client convicted and fined

JC was involved in an altercation with the victim. He was convicted of common assault and given a non-conviction order. He was also convicted of the charge of excluded person attempt to re-enter premises and fined $400. He appealed the latter sentence and was successful.

Key terms: Bondi pub – attempt by excluded person to re-enter premises, Liquor Act 2007 Section 77(6) – common assault, Crimes Act 1900 Section 61 – plea of guilty – appeal against severity

BB – Client successfully appealed conviction for common assault

BB was arguing with his girlfriend outside a hospital when an ambulance officer AM tried to diffuse the situation. BB began swearing at AM and threw a cup of water at him. BB was convicted of common assault and sentenced to a 12 month good behaviour bond and a $500 fine. We assisted BB to successfully appeal his conviction. 

Key terms: Common assault, Crimes Act 1900 Section 61 – all grounds appeal – appeal upheld, conviction quashed

LC – Re-trial ordered after client successfully appealed murder conviction

LC was convicted of murder and sentenced to imprisonment for 18 years. LC appealed to the Court of Criminal Appeal against both his conviction and sentence. The defence successfully appealed the conviction where the court found that there had been a miscarriage of justice. A re-trial was ordered.

Key terms: Murder, Crimes Act 1900 Section 18; appeal; miscarriage of justice; re-trial ordered

SH – Original sentence quashed after appealing sentence on ground of severity

SH pleaded guilty to the charge of using or installing a recording device. He was sentenced to 2 years imprisonment to which he appealed. During his appeal hearing the defence submitted that he had good prospects of rehabilitation, and there was an absence of criminal history. The sentence was quashed and the District Court imposed a suspended sentence instead.

Key terms: District Court Appeal; using a listening device; plea of guilty; 2 year jail term excessive

MB – Successful sentencing appeal leads to quashing of conviction

MB was convicted of negligent driving occasioning grievous bodily harm. She was fined $400 and her licence was disqualified for 12 months. She appealed the sentence on the ground of severity. The District Court upheld her appeal and no conviction was recorded.

Key terms: Negligent driving occasioning bodily harm; District Court appeal; s10 Crimes (Sentencing and Procedure) Act 1999; no conviction recorded; no disqualification

DO – Psychiatric and psychological materials taken into account during appeal hearing

DO was convicted of a series of larceny offences and was sentenced to 1 year imprisonment. She appealed the sentence on the ground of severity. During her appeal hearing, the judge took into account psychiatric and psychological materials. The judge agreed that it was necessary to assist in DO’s rehabilitation and sentenced her to a term of imprisonment which was backdated and enabled DO to be released on the day of her appeal.

Key terms: Shoplifting/larceny; multiple counts; district court; severity appeal allowed; released from imprisonment immediately

JD – Good character evidence results in original conviction quashed

JD was convicted of possessing a prohibited drug to which he appealed. During his appeal hearing the defence presented evidence of his good character. The District Court quashed the conviction and fines and ordered that no conviction be recorded.

Key terms: Possess prohibited drug; section 10 Crimes (Sentencing and Procedure) Act 1999; charges dismissed without conviction

C – Reduction in licence disqualification after successful appeal

C pleaded guilty to a high range PCA driving offence. The Local Court Magistrate ordered that his licence be suspended for 30 months. C appealed the sentence on the ground of severity. We represented C in his appeal hearing where we argued that the 30 month disqualification was too harsh and threatened his livelihood and working visa. The penalty was reduced to a 12 month disqualification.

Key terms: Appeal; high range PCA drink driving; license disqualified; appeal to District Court