June 24, 2013

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 when it comes to appealing verdict / conviction or severity of sentencing.

Police v LXY

Resist officer in execution of duty, Section 58 Crimes Act 1900Assault police officer in execution of duty w/o ABH, Section 60(1) Crimes Act 1900 Dispose m/v part theft, Section 188(1) Crimes Act 1900Goods 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

Police v XB

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


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


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


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 drink driving; license disqualified; appeal to District Court