Ensor v R (Cth) [2022] NSWCCA 278

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Ensor v R (Cth) [2022] NSWCCA 278 Hearing dates: 17 October 2022 Date of orders: 17 October 2022 Decision date: 17 October 2022 Before: Meagher JA [1] Button J [2] Wilson J [3] Decision: 1. Refuse leave to the applicant to file out of time an application for leave to appeal from the sentence imposed on 25 January 2018. 2. Reasons reserved. Catchwords: CRIME – sentence – obtain benefit from the Commonwealth by deception – multiple counts – multiple s 16A schedules – GST fraud – application for leave to appeal filed well out of time – no compelling reason advanced for delay – question of new evidence – question of manifest excess Legislation Cited: Criminal Code (Cth) Crimes Act 1914 (Cth) Supreme Court (Criminal Appeal) Rules 2021 (NSW) Cases Cited: Brierley v R [2022] NSWCCA 26 Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 DPP (Cth) v Beattie (2017) 270 A Crim R 556 House v The King (1936) 55 CLR 499 Kahler v R (Cth) [2021] NSWCCA 40 Obeid v R (2017) 96 NSWLR 155; [2017] NSWCCA 221 Putland v The Queen (2004) 218 CLR 174 R v Delzotto [2022] NSWCCA 117 Category: Principal judgment Parties: B K Ensor (Applicant) The Queen (Respondent) Representation: Counsel: B K Ensor (Self-Represented) R Ranken (Respondent)