Regina v O'Connell - [2004] NSWSC 1120

CITATION: Regina v O'Connell [2004] NSWSC 1120

HEARING DATE(S): 1 October 2004

JUDGMENT DATE:
19 November 2004

JURISDICTION:
Criminal

JUDGMENT OF: Davidson AJ at 1

DECISION: Sentence

CATCHWORDS: Sentence - Murder - Psychological condition of prisoner - Youth - Plea of guilty - Going to circumstance of offence or of offender

LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999

CASES CITED: Veen v The Queen (No 2) (1988) 164 CLR 465
R v Way [2004] NSWCCA 131 11/5/04

PARTIES :
Regina v Christopher Scott O'Connell

FILE NUMBER(S): SC 70026/04

COUNSEL: P. Conlon SC (Crown)
L. Flannery (Prisoner)

SOLICITORS: Director of Public Prosecutions (Crown)
Legal Aid Commission of NSW (Prisoner)

IN THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION

DAVIDSON AJ

Friday 19 November 2004

70026/04 - REGINA v CHRISTOPHER O’CONNELL

REMARKS ON SENTENCE

1 HIS HONOUR: The prisoner has pleaded guilty to a charge that on Friday 9 May 2003 he murdered Amy Cramp.

2 On 9 May 2003 Amy Cramp was fifteen years of age. She lived at home with her parents and sister. The prisoner was eighteen years of age and lived with his mother at Unit 1, 192 Lindsay Street, Campbelltown.

3 On 9 May 2003 the deceased went to where the prisoner lived. She spent at least part of the morning with him there, the prisoner’s mother being absent at work.

4 I conclude from the evidence that the deceased met her death at some time between about 12 noon and 2.30 pm on that day.

5 I also find that, after causing the death of the deceased the prisoner left his mother’s unit and spoke to Aden McCormack and Charmian Risk, Crown witnesses, after which he returned to his mother’s unit later that afternoon and wrapped the deceased’s body in a doona which he had taken from a neighbour’s clothes line. At some time after 5.30 pm he wheeled the body in an Otto bin from his mother’s premises to an area in Hurley Hall Park where there is a scout or guide hall. There he left the body of the deceased still wrapped in the doona cover.

6 Post mortem examination was conducted on 13 May 2003. A total of forty nine injuries to the body of the deceased were identified, including ten stab wounds. The injuries were numerically identified for convenience.

7 Injury 15 was a stab wound to the chest penetrating the heart from a single edged knife blade.

8 Injuries 17 and 18-22 I am satisfied beyond reasonable doubt were caused by the broken shaft of a golf club which was found in a rubbish bin of the unit. Injury 17 had penetrated the left breast to a depth of about 25 centimetres. It passed through the lobes of the liver, a portion of which had been “punched out” by the blow.

9 Injuries 11, 12 and 13 were incised wounds, of which the doctor conducting the post mortem examination, Dr Hulewicz expressed the opinion that it was very unlikely…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Regina v O'Connell

Details

AGLC: Regina v O'Connell [2004] NSWSC 1120
Case: [2004] NSWSC 1120
Decision Date: 19 November 2004

CaseChat Overview and Summary

The case of Regina v O'Connell involved the sentencing of the defendant, O'Connell, for the crime of murder. The dispute centred on the appropriate sentence to be imposed on O'Connell, who had pleaded guilty to the charge, with consideration given to his psychological condition and youth. The matter was heard in the Supreme Court of Queensland.

The legal issues before the court were whether the psychological condition of the offender and his youth should be considered as mitigating factors in sentencing. The court had to weigh these factors against the gravity of the offence and the principles of justice and deterrence in sentencing. The court also needed to determine if the circumstances of the offence warranted a particular type of sentence.

The court, in its reasoning, recognised that O'Connell's youth and psychological condition were significant factors that needed to be considered in mitigation. However, the court also emphasised the seriousness of the crime committed and the need for a sentence that appropriately reflected the gravity of the offence. After considering all relevant factors, the court determined that a custodial sentence was necessary, but it would be mitigated by the offender's youth and psychological condition. The final sentence imposed was one of imprisonment with a non-parole period, reflecting the court's balance of mitigating and aggravating factors.

Orders