D’Agostino v R [2023] NSWCCA 212

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: D'Agostino v R [2023] NSWCCA 212 Hearing dates: 4 August 2023 Date of orders: 30 August 2023 Decision date: 30 August 2023 Before: Beech-Jones CJ at CL at [1] Cavanagh J at [2] Weinstein J at [97] Decision: (1) The applicant is granted an extension of time to apply for leave to appeal against his sentence. (2) Leave to appeal is refused. Catchwords: CRIME — Appeals — Appeal against sentence – extension of time for leave to appeal – manifest excess – where applicant's medical condition has deteriorated since time of sentencing – whether sentencing judge failed to appreciate the significance of the applicant's medical condition – fresh evidence Legislation Cited: Crimes Act 1914 (Cth), s 16BA Criminal Appeal Act 1912 (NSW), s 10(1)(b) Criminal Code Act 1995 (Cth), ss 11.5(1) and 307.1(1) Cases Cited: Hoang v R [2020] NSWCCA 324 Iglesias v R [2006] NSWCCA 261 Khoury v R (2011) 209 A Crim R 509; [2011] NSWCCA 118 R v Munday [1981] 2 NSWLR 177 Turkmani v R (2014) 244 A Crim R 402; [2014] NSWCCA 186 Category: Principal judgment Parties: Frank D'Agostino (Applicant) Rex (Respondent) Representation: Counsel: M Smith (Applicant) P McDonald SC with N Roucek (Respondent)

Solicitors: McGirr & Associates (Applicant) Commonwealth Director of Public Prosecutions (Respondent) File Number(s): 2016/387910 Publication restriction: Nil Decision under appeal Court or tribunal: District Court of NSW Jurisdiction: Criminal Date of Decision: 29 January 2021 Before: Hunt DCJ File Number(s): 2016/387910