Kazeem OKANDEJI v R [2012] NSWCCA 30

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Kazeem OKANDEJI v R [2012] NSWCCA 30 Hearing dates: 7 February 2012 Decision date: 08 March 2012 Before: McClellan CJ at CL at [1] Johnson J at [2] Rothman J at [3] Decision: Leave to extend time for the filing of an application for leave to appeal refused Catchwords: CRIMINAL LAW - Appeal - Leave to file out of time - discretionary issues - no arguable case - leave to extend time refused Legislation Cited: Bail Act 1978 Criminal Code 1995 (Cth) Customs Act 1901 (Cth) Cases Cited: R v Nguyen; R v Pham [2010] NSWCCA 238 Category: Principal judgment Parties: Mr Kazeem Okandeji (applicant) Regina (respondent) Representation: Self represented applicant L. Crowley (for the respondent) Self represented applicant Commonwealth Director of Public Prosecutions (for the respondent) File Number(s): 2004/16310 Decision under appeal Date of Decision: 2006-09-20 00:00:00 Before: Williams J

Judgment 1McClellan CJ at CL : I agree with Rothman J 2Johnson J : I agree with Rothman J 3Rothman J : Kazeem Okandeji, hereinafter the applicant, seeks leave to appeal the sentence imposed upon him in the District Court. The sentencing judge imposed a sentence on the applicant, being a term of imprisonment of 12 years with a non-parole period of eight years. The applicant had been convicted, by a jury, of one count of attempting to obtain possession of a prohibited import, namely cocaine, being not less than a trafficable quantity, contrary to s 233B(1)(c) of the Customs Act 1901 (Cth) and s 11.1(1) of the Criminal Code 1995 (Cth). 4The sentence was imposed on 20 September 2006 and commenced to run from 10 August 2004, from which time the applicant has been imprisoned. The non-parole period therefore expires on 9 August 2012. 5The sentencing judge also imposed a sentence on the applicant for failing to appear in accordance with his bail undertaking, contrary to s 51(1) of the Bail Act 1978. This sentence has been completed. The applicant did not file a notice of application for leave to appeal (nor a notice of application for an extension of time for leave to appeal) until 29 April 2011.