Kontaxis v R [2021] NSWCCA 72

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Kontaxis v R [2021] NSWCCA 72 Hearing dates: 5 March 2021 Decision date: 21 April 2021 Before: Basten JA at [1]; Walton J at [8]; Button J at [13] Decision: (1) Refuse an extension of time within which to seek leave to appeal; (2) Dismiss the application for leave to appeal filed on 22 June 2020 as incompetent. Catchwords: CRIMINAL PROCEDURE — power to extend time for leave to appeal — delay of years between imposition of sentence and bringing of application —extension refused on basis that expansion not warranted — no acceptable explanation for delay in application — submissions of applicant largely based on assertions of fact not founded on evidence in application SENTENCING — appeal against sentence — fresh or new evidence — documentary evidence tendered on behalf of applicant in proceedings on sentence sought to be impugned years later — issue of availability at time of sentence of material advanced on all grounds — relevance of asserted onerous prison conditions — relevance of asserted exceptional hardship to family of incarcerated applicant — grounds not made out Legislation Cited: Crimes Act 1900 (NSW), ss 61M, 61O, 66C Criminal Appeal Rules, rr 3A, 3B Cases Cited: Khoury v R [2011] NSWCCA 118; 209 A Crim R 509 Lawless v The Queen (1979) 142 CLR 659; [1979] HCA 49 R v Birks (1990) 19 NSWLR 677 R v Fordham (1997) 98 A Crim R 359 R v Jarrold [2010] NSWCCA 69 Category: Principal judgment Parties: James Kontaxis (Applicant) (self-represented) The Crown (Respondent) Representation: Counsel: