Alpha v R [2013] NSWCCA 292

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Alpha v R [2013] NSWCCA 292 Hearing dates: 8 November 2013 Decision date: 28 November 2013 Before: Leeming JA [1] Bellew J [3] RS Hulme AJ [80] Decision: (i) The application for an extension of time in which to seek leave to appeal is dismissed. Catchwords: CRIMINAL LAW - appeal - practice and procedure - where substantial delay in filing notice of intention to appeal - where extension of time required - where delay not adequately explained - principles to be applied in determining an application for an extension of time

CRIMINAL LAW - appeal - where asserted disparity in sentence imposed upon the applicant when compared with sentences imposed on co-offenders - where applicant and co-offenders were part of a conspiracy to import a substantial quantity of MDMA -where applicant's role found by the sentencing judge to be greater than that of co-conspirators - where finding not challenged - principles to be applied in assessing the role of conspirators - necessity to go beyond isolated overt acts in which a conspirator may have engaged - where sentencing judge adopted a starting point in sentencing the applicant which was 9 years higher than that adopted in the case of co-offenders - no justifiable sense of grievance - no substantial injustice arising from the sentence imposed - application for extension of time dismissed Legislation Cited: Criminal Code 1995 (Cth) Firearms Act 1996 NSW Weapons Prohibition Act 1998 NSW Cases Cited: Abdul v R [2013] NSWCCA 247 Dwayhi v R; Bechara v R [2011] NSWCCA 67; (2011) 205 A Crim R 27 Gill v R [2010] NSWCCA 236 Green v R; Quinn v R [2011] HCA 49; (2011) 244 CLR 462 Lowe v R (1984) 154 CLR 606 McCraw v R [2011] NSWCCA 162 Muldrock v R [2011] HCA 39; (2011) 244 CLR 120 Pavicevic v R [2010] ACTCA 25 R v Spizzerri [2001] VSCA 49 R v Swan [2006] NSWCCA 47 Sinkovich v Attorney General of New South Wales [2013] NSWCA 383 Tatana v R [2006] NSWCCA 398 Tyler v R; R v Chalmers [2007] NSWCCA 247 Winter v R [2013] NSWCCA 231 Category: Principal judgment Parties: Alpha - Applicant Crown - Respondent Representation: Counsel: W P Lowe and S Milanovic - Applicant C O'Donnell - Respondent Solicitors: File Number(s): 2008/16246003 Publication restriction: Nil Decision under appeal Jurisdiction: 9101 Date of Decision: 2010-04-09 00:00:00 Before: Lakatos SC DCJ