Bobbe v R (No 2) [2021] NSWCCA 150

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Bobbe v R (No 2) [2021] NSWCCA 150 Hearing dates: 7 May 2021 Date of orders: 07 July 2021 Decision date: 07 July 2021 Before: Payne JA at [1]; Garling J at [4]; Wright J at [6] Decision: (1) Leave to appeal refused. Catchwords: CRIMINAL LAW – Leave to appeal against conviction after pleas of guilty – In effect, application to withdraw pleas of guilty – Where applicant challenged integrity of the plea on the basis of having been misled by his legal representatives – Where legal representatives explained the consequences of pleading guilty and gave extensive advice – Where applicant had voluntarily signed, and had interpreted for him, a statement of agreed facts and written instructions – Where evidence did not establish that the applicant did not understand the nature of the pleas of guilty or that he was being sentenced for serious offences – Where applicant anticipated lesser sentence – No miscarriage of justice in the circumstance not to allow pleas of guilty to be withdrawn – Leave to appeal refused CRIMINAL LAW – Leave to appeal against sentence – Potential ground that sentence manifestly excessive – Sentence not outside the range of available sentence and not unreasonable or plainly unjust – Leave to appeal refused Legislation Cited: Bail Act 2013 (NSW) Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Appeal Act 1912 (NSW)Criminal Procedure Act 1986 (NSW) Evidence Act 1995 (NSW) Road Transport Act 2013 (NSW) Cases Cited: Layt v R [2020] NSWCCA 231 Meissner v the Queen (1995) 184 CLR 132; [1995] HCA 41 Obeid v R (2017) 96 NSWLR 155; [2017] NSWCCA 221 R v Rae (No 2) [2005] NSWCCA 380; (2005) 157 A Crim R 182 Samandi v R [2020] NSWCCA 217 Wong v Director of Public Prosecutions (NSW) [2005] NSWSC 129; (2005) 155 A Crim R 37 Category: Principal judgment Parties: Mahmudul Hasan Bobbe (Applicant) Regina (Crown) Representation: Applicant – self represented