Efthimiadis v R [2013] NSWCCA 276

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Efthimiadis v R [2013] NSWCCA 276 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 February 2010 - Applicant convicted after trial of solicit to murder (s.26 Crimes Act 1900) - offence subject to standard non-parole period - Applicant (42 years old) solicits another person to murder Applicant's partner (19 years old) - motive to obtain custody of two-year old child of relationship - offence committed in breach of conditional liberty - significant criminal history - importance of specific and general deterrence - sole ground of appeal asserted Muldrock error - Muldrock error conceded by Crown - whether some lesser sentence is warranted in law - held no lesser sentence is warranted - insufficient prospects of success - application for extension of time to appeal refused Legislation Cited: Crimes Act 1900 Criminal Appeal Act 1912 Cases Cited: Abdul v R [2013] NSWCCA 247 Baxter v R [2007] NSWCCA 237; 173 A Crim R 284 Bou-Antoun v R [2008] NSWCCA 1 Douar v R [2005] NSWCCA 455; 159 A Crim R 154 Muldrock v The Queen [2011] HCA 39; 244 CLR 120 R v Burton [2008] NSWCCA 128 R v Louizos [2009] NSWCCA 71; 194 A Crim R 223 R v Nguyen [2013] NSWCCA 195 R v Palu [2002] NSWCCA 381; 134 A Crim R 174 R v Potier [2004] NSWCCA 136 R v Qutami [2001] NSWCCA 353; 127 A Crim R 369 Texts Cited: --- Category: Principal judgment Parties: Theodore Efthimiadis (Applicant) Regina (Respondent) Representation: Counsel: Ms JS Manuell SC (Applicant) Ms MM Cinque (Respondent) Solicitors: Legal Aid NSW (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2007/9839 Publication restriction: --- Decision under appeal Citation: --- Date of Decision: 2010-02-17 00:00:00 Before: His Honour Judge CE O'Connor QC File Number(s): 2007/9839