Fahmy v R [2021] NSWCCA 112

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Fahmy v R [2021] NSWCCA 112 Hearing dates: 19 May 2021 Date of orders: 4 June 2021 Decision date: 04 June 2021 Before: Garling J at [1] Beech-Jones J at [2] N Adams J at [49] Decision: (1) Application for extension of time to seek leave to appeal against sentence refused (2) Leave to appeal against sentence refused Catchwords: SENTENCING – application for leave to appeal out of time – applicant seeks consideration of time spent in custody on other charges that were later withdrawn – time was considered by sentencing judge – Bugmy – tender of additional evidence to show dysfunctional family background – before sentencing judge applicant contended had strong family support – additional evidence inconsistent with case run before sentencing judge – tender of evidence rejected –leave refused Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 Criminal Appeal Act 1912 Evidence Act 1995 Cases Cited: Betts v The Queen (2016) 258 CLR 420; [2016] HCA 25 Bugmy v R" (2013) 249 CLR 571; [2013] HCA 37 DAO (No 3) v R [2021] NSWCCA 103 Garland v R [2009] NSWCCA 217 House v R (1936) 55 CLR 401 Khoury v R [2011] NSWCCA 118 Korovou v R [2021] NSWCCA 28 Puan v R [2009] NSWCCA 194 R v Birks (1990) 19 NSWLR 677 R v Fordham (1997) 98 A Crim R 359 Raymond John Munro v Regina [2006] NSWCCA 350 Refaieh v R (2019) 272 A Crim R 245; [2018] NSWCCA 72 Category: Principal judgment Parties: Amin Fahmy (Applicant) Regina (Respondent) Representation: Counsel: Self-represented (Applicant) Ms S Traynor (Respondent)