Radi v R [2013] NSWCCA 278

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Radi v R [2013] NSWCCA 278 Hearing dates: 25 October 2013 Decision date: 14 November 2013 Before: Hoeben CJ at CL at [1] Johnson J at [36] Latham J at [37] Decision: Application for extension of time by the applicant dismissed. Catchwords: CRIMINAL LAW - sentence appeal - supplying a commercial quantity of a prohibited drug - applicant sentenced in June 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 - importance of principle of finality - "Muldrock error" established - whether substantial injustice would result if an extension of time were refused - application of s6(3) Criminal Appeal Act 1912 - re-exercise of sentencing discretion by Court of Criminal Appeal - no lesser sentence warranted in law - application for extension of time dismissed. Legislation Cited: Criminal Appeal Act 1912 (NSW) - s6(3) Drug Misuse and Trafficking Act 1985 (NSW) - s25(2) Cases Cited: Abdul v R [2013] NSWCCA 247 Baxter v R [2007] NSWCCA 237; 173 A Crim R 284 Douar v R [2005] NSWCCA 455;159 A Crim R 154 Hili v The Queen; Jones v The Queen [2010] HCA 45; 242 CLR 520 Muldrock v The Queen [2011] HCA 39; 244 CLR 120 R v Niketic [2002] NSWCCA 425 Radi v R [2010] NSWCCA 265 Vandeventer v R [2013] NSWCCA 33 Category: Principal judgment Parties: Vasil Radi - Applicant Regina - Respondent Crown Representation: Counsel: Mr E Ozen - Applicant Ms M Cinque - Respondent Crown Solicitors: S O'Connor - Legal Aid NSW - Applicant S Kavanagh - Solicitor for Public Prosecutions - Respondent Crown File Number(s): 2008/00989 Decision under appeal Date of Decision: 2009-06-23 00:00:00 Before: Sorby DCJ File Number(s): 2008/00989