R v Hesford [2002] NSWCCA 525

New South Wales Court of Criminal Appeal

CITATION : R v Hesford [2002] NSWCCA 525 FILE NUMBER(S) : CCA 60096/02 HEARING DATE(S) : 18/12/02 JUDGMENT DATE : 18 December 2002

PARTIES : Regina v Philip Mark Hesford JUDGMENT OF : Mason P at 36; James J at 1; Dunford J at 37

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 01/71/0046 LOWER COURT JUDICIAL Patten DCJ OFFICER :

COUNSEL : In Person GIO Rowling SOLICITORS : - SE O'Connor

DECISION : Extension of time in which to apply for leave to appeal against sentence refused

IN THE COURT OF CRIMINAL APPEAL 60096/02 MASON P JAMES J DUNFORD J

WEDNESDAY 18 DECEMBER 2002 REGINA v PHILIP MARK HESFORD Judgment 1 JAMES J: Philip Mark Hesford ("the applicant" or "Mr Hesford") has applied for an extension of time in which to appeal against conviction and to apply for leave to appeal against sentence and, if an extension of time is granted, appeals against a conviction and applies for leave to appeal against the sentence imposed as a result of that conviction. Mr Hesford has appeared in person before the Court of Criminal Appeal. 2 On 18 July 2001 the applicant pleaded guilty in the Griffith District Court before his Honour Judge Patten to one charge of breaking and entering a dwelling house on 5 February 2001 with the intent to commit a serious indictable offence, namely, assault occasioning actual bodily harm, which is an offence under s 113(1) of the Crimes Act, for which the maximum penalty is imprisonment for ten years. 3 The matter had been mentioned in the Griffith District Court on 16 July 2001 and had then been adjourned to 18 July. The applicant spent the period between 16 and 18 July in custody at the Junee Correctional Centre. On the mention on 16 July the applicant was represented by a solicitor Mr Alvaro. In the proceedings on 18 July the applicant was represented by a barrister Mr M Smith, who was instructed by Mr Alvaro. 4 On 18 July 2001 Judge Patten sentenced the applicant to imprisonment for a term of two years to commence on 18 July 2001, the date of sentencing, and suspended that sentence, except for one month to commence on 18 July 2001, on condition that the applicant enter into a good behaviour bond for a term of two years, subject to conditions that: