GAR v R [2021] NSWCCA 265

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: GAR v R [2021] NSWCCA 265 Hearing dates: 09 August 2021 Date of orders: 10 November 2021 Decision date: 10 November 2021 Before: Macfarlan JA at [1]; R A Hulme J at [2]; Wright J at [3] Decision: (1) The time within which the notice under s 10(1)(a) of the Criminal Appeal Act 1912 (NSW) is required to be given to the Court is extended to 8 April 2021 in relation only to the second and third grounds of appeal, being the ground identified in the document headed Submissions filed on 31 March 2021 and the ground identified in the applicant's affidavit of 8 April 2021 respectively. (2) The applicant has leave to appeal in respect of the second and third grounds of appeal. (3) The appeal is dismissed. Catchwords: CRIME — appeals — appeal against sentence — application for leave to appeal — extension of time in which to appeal — manifest excess — whether extension of time required in the interests of justice — extension of time refused — appeal dismissed CRIME — appeals — appeal against sentence — application for leave to appeal — extension of time in which to appeal — fresh evidence — where applicant developed cirrhosis after sentencing — where applicant may have been infected with hepatitis B at time of sentencing — whether evidence of medical condition admissible — whether evidence of effect of COVID-19 pandemic admissible — extension of time and leave granted in respect of grounds of appeal based on evidence of medical condition and on evidence of effect of COVID-19 pandemic — appeal dismissed CRIME — violent offences — robbery armed with offensive weapon with wounding Legislation Cited: Crimes (Administration of Sentences) Act 1999 (NSW), s 160 Crimes (Sentencing Procedure) Act 1999 (NSW), s 44 Crimes Act 1900 (NSW), ss 90A, 97, 98, 154A, 578A Criminal Appeal Act 1912 (NSW), ss 5, 10 Cases Cited: Anastasiou v R [2010] NSWCCA 100 Betts v The Queen (2016) 258 CLR 420; [2016] HCA 25 GAR v R (No 1) [2010] NSWCCA 163 GAR v R (No 2) [2010] NSWCCA 164 GAR v R (No 3) [2010] NSWCCA 165 Hayward v R (Cth) [2021] NSWCCA 63 House v The King (1936) 55 CLR 499; [1936] HCA 40 Iglesias v R [2006] NSWCCA 261 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 Khoury v R [2011] NSWCCA 118; 209 A Crim R 509 R v Jacobs [2001] NSWCCA 212; 122 A Crim R 409 R v Munday [1981] 2 NSWLR 177 Toller v R [2021] NSWCCA 204 Wright v R [2016] NSWCCA 122; 259 A Crim R 133 Category: Principal judgment Parties: GAR (Applicant) Regina (Respondent) Representation: Applicant (self-represented)