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SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | DPP v O’Connell (No 6) |
Citation: | [2025] ACTSC 529 |
Hearing Date: | 3 November 2025 |
Decision Date: | 4 December 2025 |
Before: | Baker J |
Decision: | (1) For the offence of manslaughter (CAN4316/2022), the offender is convicted and sentenced to 10 years’ imprisonment, commencing on 15 October 2022 and expiring on 14 October 2032. (2) A non-parole period of 6 years and 6 months is imposed, expiring on 14 April 2029. |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – manslaughter – re-sentence following Court of Appeal’s substitution of murder verdict with manslaughter verdict – where offender drove utility truck with victim on the bonnet – where victim fell from the vehicle and collided with the roadway causing her death – whether offender acted with the purpose of dislodging the victim – findings as to intent – where offending occurred within a family violence context – where offending occurred in presence of a young person – whether sentence imposed should be accumulated on sentence imposed by the Magistrates Court for unrelated offending – partial accumulation – 10 years’ imprisonment imposed – non-parole period of 6 years and 6 months |
Legislation Cited: | Crimes (Sentencing) Act 2005 (ACT), s 33 Crimes Act 1900 (ACT), ss 15, 26 Criminal Code 2002 (ACT) Criminal Code Act 1899 (Qld), s 317 Migration Act 1958 (Cth), s 36 |
Cases Cited: | Bugmy v The Queen [2013] HCA 37; 249 CLR 571 Cheung v R [2001] HCA 67; 209 CLR 1 Davidson v R [2022] NSWCCA 153 DPP v O’Connell (No 5) [2024] ACTSC 17 He Kaw Teh v The Queen [1985] HCA 43; 157 CLR 523 Mill v The Queen [1988] HCA 70; 166 CLR 59 O’Connell v DPP (No 4) [2025] ACTCA 41 O’Connell v DPP [2025] ACTCA 20 R v Farrar (1991) 15 MVR 531 R v Isaacs (1997) 41 NSWLR 374 R v Kilic [2016] HCA 48; 259 CLR 256 R v Olbrich [1999] HCA 54; 199 CLR 270 R v Pullman (1991) 58 A Crim R 222 R v RB [2022] NSWCCA 142 R v Tuifua [2023] ACTCA 6 SZTAL v Minister for Immigration and Border Protection [2017] HCA 34; 262 CLR 362 Zaburoni v The Queen [2016] HCA 12; 256 CLR 482 |
Parties: | Director of Public Prosecutions Michael O’Connell ( Offender) |
Representation: | Counsel K McCann ( DPP) K Weston-Scheuber ( Offender) |
| Solicitors ACT Director of Public Prosecutions Legal Aid ACT ( Offender) |
File Number: | SCC 251 of 2022 |