NSW Caselaw
Reported Decision: 205 A Crim R 138
New South Wales Court of Criminal Appeal
CITATION: ETCHELL v R [2010] NSWCCA 262
HEARING DATE(S): 22 September 2010
JUDGMENT DATE: 15 November 2010
JUDGMENT OF: Campbell JA at 1; Latham J at 57; Price J at 58
DECISION: Application for extension of time dismissed.
CATCHWORDS: APPEAL – practice and procedure – extension for time to appeal – CRIMINAL LAW – appeal – procedure – notices of appeal – time for appeal and extension thereof – principles relevant to courts decision whether or not to grant extension of time – considerations include reason for delay, proposed grounds of appeal and finality of judicial decisions – whether miscarriage of justice in fixing balance of term less than one-third of non-parole period – whether miscarriage of justice in judge's misdescription of victim of offence – application for extension of time dismissed
Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 LEGISLATION CITED: Criminal Appeal Act 1912 Criminal Appeal Rules Interpretation Act 1987
CATEGORY: Principal judgment
Arja v R [2010] NSWCCA 190 Edwards v R [2009] NSWCCA 199 Jackson v R [2010] NSWCCA 162 CASES CITED : McCall v R [2010] NSWCCA 174 R v Gregory [2002] NSWCCA 199 R v Ramsden (1972) Cr. L. Rev. 547 R v Unger [1977] 2 NSWLR 990 Wakefield v R [2010] NSWCCA 12
PARTIES: John Nicholas Etchell (Applicant) Regina (Crown)
FILE NUMBER(S): CCA 2007/3042
COUNSEL: A Francis (Applicant) P G Ingram (Crown)
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