SW v R [2013] NSWCCA 255

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: SW v R [2013] NSWCCA 255 Hearing dates: 16 October 2013 Decision date: 08 November 2013 Before: Hoeben CJ at CL at [1]; Johnson J at [2]; Bellew J at [59] Decision: Application for extension of time to appeal against sentence refused Catchwords: CRIMINAL LAW - sentence appeal - Applicant sentenced in November 2010 - claim of Muldrock error - application for extension of time to appeal - Applicant pleaded guilty to one count of having sexual intercourse with a child under the age of ten years contrary to s.66A Crimes Act 1900 - victim aged five to six years - principle of finality - relevant considerations for grant of extension of time - held no Muldrock error demonstrated - challenges to sentencing judge's assessment of objective gravity - whether offence motivated by sexual gratification - no error demonstrated - claim of manifest excess - held sentence not manifestly excessive - no lesser sentence warranted - insufficient prospects of success - application for extension of time to appeal refused Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 Criminal Appeal Act 1912 Cases Cited: Abdul v R [2013] NSWCCA 247 Essex v R [2013] NSWCCA 11 Muldrock v The Queen [2011] HCA 39; 244 CLR 120 Munda v State of Western Australia [2013] HCA 38; 87 ALJR 1035 RR v R [2011] NSWCCA 235; 216 A Crim R 489 Zreika v R [2012] NSWCCA 44; 223 A Crim R 460 Texts Cited: --- Category: Principal judgment Parties: SW (Applicant) Regina (Respondent) Representation: Counsel: Mr MP King (Applicant) Ms TL Smith (Respondent) Solicitors: Legal Aid NSW (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2009/7892 Publication restriction: --- Decision under appeal Citation: --- Date of Decision: 2010-11-25 00:00:00 Before: English DCJ File Number(s): 2009/7892