ROSE v REGINA [2007] NSWCCA 17

New South Wales Court of Criminal Appeal

CITATION: ROSE v REGINA [2007] NSWCCA 17

HEARING DATE(S): 22 January 2007 JUDGMENT OF: Adams J at 1; Howie J at 7; Price J at 8

EX TEMPORE JUDGMENT DATE: 22 January 2007

DECISION: Leave to extend time to file a notice of appeal is refused.

LEGISLATION CITED: Crimes Act 1900 s93G Crimes (Administration of Sentences) Act 1999

John ROSE (Applicant) PARTIES: Regina (Respondent)

FILE NUMBER(S): CCA 2006/2071

COUNSEL: R A Herps (Crown) No appearance for applicant

SOLICITORS: Ian Knight (Crown) Applicant unrepresented

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 02/51/0012

LOWER COURT JUDICIAL OFFICER: Christie QC DCJ

LOWER COURT DATE OF DECISION: 21/08/2002

IN THE COURT OF CRIMINAL APPEAL

2006/2071

ADAMS J HOWIE J PRICE J MONDAY 22 JANUARY 2007 John ROSE v Regina JUDGMENT 1 ADAMS J: The applicant entered pleas of guilty on 12 August 2002 to two counts of causing danger with a firearm contrary to s93G of the Crimes Act 1900, carrying the maximum penalty of imprisonment for 10 years, and one count of malicious wounding under s 35 of the Crimes Act 1900, carrying the maximum penalty of imprisonment for 7 years. He was sentenced on 21 August 2002 at Coffs Harbour District Court to an effective sentence of imprisonment for 6 years commencing on 27 February 2001, expiring on 26 February 2007, with a non-parole period of 4 years, expiring on 26 February 2005. 2 On 20 September 2002, the applicant filed a notice of intention to apply for leave to appeal against sentence. That notice expired on 20 March 2003. A notice of application for leave to appeal was not filed until 29 August 2006 and no application for an extension of time has been made. It is evident that the notice of appeal was filed out of time and the applicant requires an extension of time through which he wishes to file his notice of appeal. 3 On 10 April 2006, the applicant appeared in person before James J on an application under the Crimes (Administration of Sentences) Act 1999 for a direction to the Parole Board. That application was refused. It seems likely that the application to appeal against sentence, which was filed on 21 May 2006, is the result of his dissatisfaction with the decision of James J because in his submissions to this Court the only ground for complaint in respect of the sentence that he received was that the Parole Board refused to grant him parole following the expiration of his non-parole period. 4 The Court has been informed that the applicant was in fact released on parole on 19 October 2006. The Registrar of the Court wrote to him to both addresses provided by the parole authorities, asking the applicant to advise the Registrar of his intentions, but no response has been received to those letters. 5 The matter came on today. The applicant has been called twice outside the Court, both when the Court commenced hearings at 10am and at 12.50pm. It is apparent that the applicant is not here. I think the inference is inevitable that, having been granted parole, he no longer has an interest in the appeal which he lodged. 6 In those circumstances, I propose that leave to extend time to file a notice of appeal should be refused. 7 HOWIE J: I agree. 8 PRICE J: I agree. 9 ADAMS J: The order of the Court, therefore, is that leave is refused.