AB v R [2013] NSWCCA 273

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: AB v R [2013] NSWCCA 273 Hearing dates: 18 October 2013 Decision date: 14 November 2013 Before: Hoeben CJ at CL at [1]; Johnson J at [2]; Bellew J at [113] Decision: Application for extension of time to appeal against sentence refused Catchwords: CRIMINAL LAW - sentence appeal - application for extension of time to appeal - Applicant sentenced in November 2009 -Applicant pleaded guilty to offences of knowingly taking part in the manufacture of a prohibited drug (s.24(1) Drug Misuse and Trafficking Act 1985), possession of a precursor (s.24A(1)) and manufacturing a large commercial quantity of a prohibited drug (s.24(2)) - s.24(2) offence committed whilst Applicant on bail for s.24(1) and s.24A(1) offences - only s.24(2) offence subject to standard non-parole period - claim of Muldrock error in relation to s.24(2) offence - no challenge made to sentences for s.24(1) and s.24(2) offences - held no Muldrock error demonstrated - claim of disparity between the sentences of the Applicant and his co-offender for the s.24(2) offence - held no legitimate sense of grievance in relation to the sentence imposed on co-offender - no lesser sentence warranted in any event - insufficient prospects of success - application for extension of time to appeal refused Legislation Cited: Criminal Appeal Act 1912 Drug Misuse and Trafficking Act 1985 Firearms Act 1996 Listening Devices Act 1984 Weapons Prohibition Act 1996 Cases Cited: Abdul v R [2013] NSWCCA 247 Alameddine v R [2006] NSWCCA 317 Hili v The Queen [2010] HCA 42; 242 CLR 520 Muldrock v The Queen [2011] HCA 39; 244 CLR 120 Ng v R [2011] NSWCCA 227; 214 A Crim R 191 R v AB [2011] NSWCCA 229 R v Achurch [2011] NSWCCA 186; 216 A Crim R 152 R v AZ [2011] NSWCCA 43; 205 A Crim R 222 R v Calcutt [2012] NSWCCA 40; 221 A Crim R 505 R v Thalari [2009] NSWCCA 170; 75 NSWLR 307 Vandeventer v R [2013] NSWCCA 33 Texts Cited: --- Category: Principal judgment Parties: AB (Applicant) Regina (Respondent) Representation: Counsel: Mr E Ozen (Applicant) Ms MM Cinque (Respondent) Solicitors: Legal Aid NSW (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2009/4435 Publication restriction: --- Decision under appeal Citation: --- Date of Decision: 2009-11-11 00:00:00 Before: Ellis DCJ File Number(s): 2008/5378