Dulihanty v R [2013] NSWCCA 275

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Dulihanty v R [2013] NSWCCA 275 Hearing dates: 23 October 2013 Decision date: 14 November 2013 Before: Hoeben CJ at CL at [1]; Johnson J at [2]; Latham J at [84] 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 June 2009 - Applicant convicted after trial of malicious wounding with intent to cause grievous bodily harm (s.33(1) Crimes Act 1900) - offence subject to a standard non-parole period - Applicant arranges for sex worker to attend unoccupied premises - Applicant attacks victim from behind with weapon inflicting grievous bodily harm - Applicant flees premises leaving victim behind - sole ground of appeal asserted Muldrock error - Muldrock error conceded by Crown - whether some lesser sentence warranted in law - held no lesser sentence warranted - insufficient prospects of success - application for extension of time to appeal refused Legislation Cited: Crimes Act 1900 Criminal Appeal Act 1912 Cases Cited: Baxter v R [2007] NSWCCA 237; 173 A Crim R 284 Director of Public Prosecutions v England [1999] 2 VR 258 Douar v R [2005] NSWCCA 455; 159 A Crim R 154 Duncombe v R [2013] NSWCCA 271 Lang v R [2013] NSWCCA 29 Muldrock v The Queen [2011] HCA 39; 244 CLR 120 Potts v R [2012] NSWCCA 229 R v Abdul [2013] NSWCCA 247 R v Wilkinson (No. 5) [2009] NSWSC 432 Texts Cited: --- Category: Principal judgment Parties: Michael Francis Dulihanty (Applicant) Regina (Respondent) Representation: Counsel: Mr D Barrow (Applicant) Ms N Noman SC (Respondent) Solicitors: Legal Aid NSW (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2007/10548 Publication restriction: --- Decision under appeal Citation: --- Date of Decision: 2009-06-23 00:00:00 Before: His Honour Judge CJ Armitage File Number(s): 2007/10548