Zahorsky v R [2013] NSWCCA 268

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Zahorsky v R [2013] NSWCCA 268 Hearing dates: 14 October 2013 Decision date: 12 November 2013 Before: Hoeben CJ at CL at [1]; Johnson J at [2]; Bellew J at [66] Decision: Application for extension of time to appeal against sentence refused Catchwords: CRIMINAL LAW - sentence appeal - asserted Muldrock error - application for extension of time in which to appeal -Applicant convicted after trial in February 2010 - offences of causing a person to take an intoxicating substance with intent to have sexual intercourse without consent (s.38(b) Crimes Act 1900), indecent assault (s.61L) and having sexual intercourse without consent (s.61I) - s.61I offence only subject to standard non-parole period - sole ground of appeal asserted Muldrock error - no appeal in relation to sentences for other offences - Muldrock error demonstrated -whether some lesser sentence warranted in law - where challenge is made to only one of several sentences imposed at the same time - held no lesser sentence warranted in law - insufficient prospects of success - application for extension of time to appeal refused Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 Criminal Procedure Act 1986 Cases Cited: Abdul v R [2013] NSWCCA 247 Ali v R [2010] NSWCCA 35 Baxter v R [2007] NSWCCA 237; 173 A Crim R 284 Christie v R [2012] NSWCCA 228 Douar v R [2005] NSWCCA 455; 159 A Crim R 154 Essex v R [2013] NSWCCA 11 Muldrock v The Queen [2011] HCA 39; 244 CLR 120 Pearce v The Queen [1998] HCA 57; 194 CLR 610 R v TA [2003] NSWCCA 191; 57 NSWLR 444 R v Thalari [2009] NSWCCA 170; 75 NSWLR 307 Shortland v R [2013] NSWCCA 4 Williams v R [2012] NSWCCA 172 Texts Cited: --- Category: Principal judgment Parties: Lubo Zahorsky (Applicant) Regina (Respondent) Representation: Counsel: Mr CJ Bruce SC (Applicant) Ms TL Smith (Respondent) Solicitors: Legal Aid NSW (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2009/4674 Publication restriction: --- Decision under appeal Citation: --- Before: Knox SC DCJ File Number(s): 2009/4674