Harrigan v Regina [2005] NSWCCA 449

New South Wales Court of Criminal Appeal

CITATION: Harrigan v Regina [2005] NSWCCA 449

HEARING DATE(S): 15/12/2005

JUDGMENT DATE: 15 December 2005

JUDGMENT OF: Grove J at 52; James J at 1; Simpson J at 53

DECISION: Extension of time to make application for leave to appeal against sentence granted. Leave to appeal against sentence granted. Appeal dismissed

CATCHWORDS: CRIMINAL LAW – SENTENCE – guilty pleas - offences of - dangerous driving occasioning grievous bodily harm - doing an act intending to pervert the course of justice – whether the sentencing judge erred in failing to make the sentence for perverting the course of justice offence (either in whole or part) concurrent with the driving offence – totality principle

LEGISLATION CITED: Crimes Act

R v AEM [2002] NSWCCA 58 R v Duong (1999) 109 A Crim R 60 R v Giang [2001] NSWCCA 276 CASES CITED: R v Hammoud (2000) 118 A Crim R 66 R v Ruane (1979) 1 A Crim R 284 R v Weldon (2002) 136 A Crim R 55

PARTIES: Michael Leonard HARRIGAN v Regina

FILE NUMBER(S): CCA 2005/1486

P Lowe - Applicant COUNSEL: P Barnett - Crown

W Whitby - Applicant SOLICITORS: S Kavanagh - solicitor for Public Prosecutions

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 02/21/0299

LOWER COURT JUDICIAL OFFICER: Tupman DCJ

IN THE COURT OF CRIMINAL APPEAL

2005/1486

GROVE J JAMES J SIMPSON J THURSDAY 15 DECEMBER 2005 MICHAEL HARRIGAN v REGINA

JUDGMENT

1 JAMES J: Michael Leonard Harrigan applies for an extension of time in which to apply for leave to appeal and, if an extension of time is granted, for leave to appeal against sentences imposed on him in the District Court on 27 February 2003 by her Honour Judge Tupman for two offences to which he had pleaded guilty. 2 The two offences were: