Bou-Antoun v R [2013] NSWCCA 305

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Bou-Antoun v R [2013] NSWCCA 305 Hearing dates: 23 October 2013 Decision date: 05 December 2013 Before: Hoeben CJ at CL at [1] Johnson J at [2] Latham J at [3] Decision: Application for extension of time within which to seek leave to appeal is refused. Catchwords: CRIMINAL LAW - application for extension of time to appeal sentence - guilty plea - aggravated sexual assault (in company) and solicit to murder - unexplained and gross delay - provisional grant of legal aid on basis of Muldrock error ground - whether trial judge erred in finding aggravating factors - whether trial judge erred by failing to give effect to finding of special circumstances - whether trial judge fell into Muldrock error - whether sentence for solicit to murder offence and aggregate sentence manifestly excessive - trial judge erred in determining that actual or threatened violence was aggravating factor of solicit to murder offence - feature of offence that is inherent to offence cannot be taken into account as aggravating factor - no Muldrock error - no failure to give effect to finding of special circumstances - sentence not plainly unjust - whether error was material such as to warrant lesser sentence in law - no lesser sentence warranted in law - application refused Legislation Cited: Crimes (Appeal and Review) Act 2001 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Abdul v R [2013] NSWCCA 247 Application by Chaouki Bou Antoun pursuant to s 78(1) Crimes (Appeal and Review) Act 2001 [2013] NSWSC 1540 Bou-Antoun v R [2008] NSWCCA 1 Louizos v R [2009] NSWCCA 71 Muldrock v R [2011] HCA 39 ; 244 CLR 120 Category: Principal judgment Parties: Kevin Bou-Antoun - (Applicant) Regina - (Crown Respondent) Representation: Counsel: C Bruce SC - (Applicant) M Cinque - (Crown Respondent) Solicitors: Andrew Harris & Associates - (Applicant) Solicitor for Public Prosecutions - (Crown Respondent) File Number(s): 2004/12922 2005/15133 Decision under appeal Jurisdiction: 9101 Date of Decision: 2006-05-12 00:00:00 Before: Sorby DCJ File Number(s): 2004/12922 2005/15133