Appeal Case Studies

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.

Police v XB

Key Words: 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 v Police

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 v DPP:

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 v Police:

Possess prohibited drug, Section 10(1) Drug Misuse and Trafficking Act 1985 – 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 v Police:

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 v Police:

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

YRW v Police:

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 v Police:

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 v Police:

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 v Police:

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

LC v R:

murder, Crimes Act 1900 Section 18; appeal; miscarriage of justice; re-trial ordered

DPP v SH:

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

Police v MB:

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

DPP v DO:

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

Appeal By JD:

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

DPP v C:

Appeal; high range PCA; license disqualified; appeal to District Court