George v R [2013] NSWCCA 263

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: George v R [2013] NSWCCA 263 Hearing dates: 23 October 2013 Decision date: 12 November 2013 Before: HOEBEN CJ at CL at [1] JOHNSON J at [49] LATHAM J at [50] Decision: Application for extension of time by the applicant dismissed. Catchwords: CRIMINAL LAW - sentence appeal - causing grievous bodily harm with intent to murder - applicant sentenced in September 2009 - whether decision in Muldrock v The Queen [2011] HCA 39; 244 CLR 120 entitled applicant to an extension of time for leave to appeal against sentence - extension of time opposed by Crown - importance of principle of finality - whether substantial injustice would result if extension of time were refused - was there "Muldrock error" - application of s6(3) of the Criminal Appeal Act 1912 - no lesser sentence warranted in law - application for extension of time dismissed. Legislation Cited: Crimes Act, 1900 (NSW) - s27 Criminal Appeal Act 1912 (NSW) - s6(3) Crimes (Sentencing Procedure) Act 1999 - s54B(1) Cases Cited: Abdul v R [2013] NSWCCA 247 Aldous v R [2012] NSWCCA 153 Essex v R [2013] NSWCCA 11 MA and Pham v R [2007] NSWCCA 240 Markarian v The Queen [2005] HCA 25; 228 CLR 357 Muldrock v The Queen [2011] HCA 39; 244 CLR 120 Williams v R [2012] NSWCCA 172 Zarakas v R [2013] NSWCCA 144 Zreika v R [2012] NSWCCA 44 Category: Principal judgment Parties: Damien George - Applicant Regina - Respondent Crown Representation: Counsel: Mr C Smith - Applicant Ms M Cinque - Respondent Crown Solicitors: S O'Connor - Legal Aid NSW S Kavanagh - Solicitor for Public Prosecutions - Respondent Crown File Number(s): 2008/03422 Decision under appeal Date of Decision: 2009-09-01 00:00:00 Before: Ellis DCJ File Number(s): 2008/03422