HAYEK, Simon v R [2010] NSWCCA 139

New South Wales Court of Criminal Appeal

CITATION: HAYEK, Simon v R [2010] NSWCCA 139

HEARING DATE(S): 31/05/2010

JUDGMENT DATE: 25 June 2010

JUDGMENT OF: Simpson J at 1; Johnson J at 2; McCallum J at 3

1. That the time within which the notice of application for leave to appeal may be filed be extended to 11 February 2010. DECISION: 2. That leave to appeal against sentence be granted. 3. That the appeal be dismissed.

CATCHWORDS: CRIMINAL LAW – application for leave to appeal against sentence – extension of time for notice of application for leave to appeal – relevant factors on application for extension of time – abject delay by applicant's legal representatives – extension granted – merits of application considered – leave to appeal granted - CRIMINAL LAW – sentence appeal – aggravated robbery in company – larceny – committed against same victim – constituted part of same incident - victim's injuries serious – offences committed whilst on bail – whether sentences manifestly excessive –starting point of sentencing range for aggravated robbery in company not outside realm of judge's sentencing discretion – sentence for larceny offence within proper range - whether sentences should have been accumulated to certain extent or at all – determination of accumulation discretionary circumscribed by requirements of totality principle – appeal dismissed - CRIMINAL LAW – sentence appeal – additional "errors" complained of – failure to articulate findings regarding rehabilitation prospects and level of contrition expressed – contentions unsustainable – no demonstration of additional errors

Crimes Act 1900 LEGISLATION CITED: Criminal Appeal Rules Criminal Appeal Act 1912 Crimes (Sentencing Procedure) Act 1999