O'Shannassy, R. v. The Queen [1985] FCA 613

O'Shannassy, R. v. The Queen [1985] FCA 613

The appeal was dismissed because the material relied upon did not establish bias by the sentencing judge, the sentences imposed were within the appropriate range given the appellant's history and circumstances of the offences, and it was open to impose cumulative sentences for distinct offences.

Parties
Appellant: Ray O'Shannassy; Respondent: The Queen
Jurisdiction
Australia
Judgment Date
05 December 1985
Procedural Posture
Criminal Appeal / Appeal From Sentencing Decision
Outcome
appeal dismissed
Legal Topics
Sentencing, Judicial Bias, Cumulative Sentences
Criminal Law Sentencing Judicial Bias Cumulative Sentences

Case Brief

Summary, issues, holding and outcome

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Parties

Ray O'Shannassy

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Appeal From Sentencing Decision

Legal Issues

  1. 1 Whether the sentencing judge should have disqualified himself for bias
  2. 2 Whether sentences imposed were excessive
  3. 3 Whether sentences should have been served cumulatively or concurrently

Ratio Decidendi

The appeal was dismissed because the material relied upon did not establish bias by the sentencing judge, the sentences imposed were within the appropriate range given the appellant's history and circumstances of the offences, and it was open to impose cumulative sentences for distinct offences.

Court Disposition

appeal dismissed

Orders

  • The appeals be dismissed