R v Bottin [2005] NSWCCA 254

New South Wales Court of Criminal Appeal

CITATION: R v Bottin [2005] NSWCCA 254

HEARING DATE(S): 14 July 2005

JUDGMENT DATE: 25 July 2005

JUDGMENT OF: Studdert J at 1; Kirby J at 39; Howie J at 40

DECISION: Leave to appeal granted; appeal dismissed.

Crimes Act, ss 33B, 97(1), 111(3) Criminal Appeal Act, ss 6(3), 7(1A) LEGISLATION CITED: Criminal Appeal Rules, r 3A Firearms Act, s 7

R v Carr (2002) 135 A Crim R 171 CASES CITED: R v Henry (1999) 46 NSWLR 346 R v Shankley [2003] NSWCCA 253

PARTIES: Regina v Craig William Bottin

FILE NUMBER(S): CCA 2005/615

G. Rowling (Crown) COUNSEL: T. Golding (Appellant)

S. Kavanagh (Crown) SOLICITORS: S.E. O'Connor (Appellant)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 02/11/0686

LOWER COURT JUDICIAL OFFICER: Kinchington DCJ

IN THE COURT OF CRIMINAL APPEAL 2005/615

STUDDERT J KIRBY J HOWIE J

Monday 25 July 2005 REGINA v CRAIG WILLIAM BOTTIN Judgment 1 STUDDERT J: The applicant, Craig William Bottin, seeks leave to appeal against sentences imposed on him in the District Court on 15 April 2003. 2 At the hearing of this matter, the applicant sought, and was granted, leave to extend the period during which the notice of intention to apply for leave to appeal was to have effect, upon grounds expressed in the extension application, supported by the affidavits of the applicant affirmed on 11 July 2005 and of his solicitor, Catherine Ridge, also affirmed on 11 July 2005. Those affidavits afford an explanation for the failure to comply with r 3A of the Criminal Appeal Rules. Pursuit of the appeal was dependent upon a grant of legal aid but there was a breakdown in communications between the applicant's former solicitors and the Grants Division. Then a fresh notice of intention to appeal was filed but rejected by the registrar, and further time was lost. The affidavits evidence that at no time did the applicant wish to abandon the opportunity to appeal, and in the circumstances it was appropriate to extend time. 3 In November 2002 the applicant stood trial charged with an offence of armed robbery. He was convicted of that offence. Then, following conviction for the armed robbery offence, the applicant pleaded guilty to a group of offences being: