Ngati v R [2013] NSWCCA 307

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Ngati v R [2013] NSWCCA 307 Hearing dates: 23 October 2013 Decision date: 09 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 sentence refused. Catchwords: CRIMINAL LAW - application for extension of time to seek leave to appeal sentence - guilty plea - specially aggravated break, enter and steal - every circumstance of aggravation in s 105A(1) Crimes Act 1900 present in offence - whether trial judge erred in approach to standard non-parole period - whether Muldrock error - whether substantial injustice would follow from refusal of application - standard non-parole period did not have determinative significance - application refused Legislation Cited: Crimes Act 1900 Cases Cited: Abdul v R [2013] NSWCCA 247 Bolt v R [2012] NSWCCA 50 Muldrock v The Queen [2011] HCA 39 ; 244 CLR 120 Category: Principal judgment Parties: Mata Glassie Ngati - (Applicant) Regina - (Crown Respondent) Representation: Counsel: C Bruce SC - (Applicant) N Noman SC - (Crown Respondent) Solicitors: Legal Aid NSW - (Applicant) Solicitor for Public Prosecutions - (Crown Respondent) File Number(s): 2008/00003573 Decision under appeal Date of Decision: 2009-04-09 00:00:00 Before: Sides QC DCJ File Number(s): 2008/00003573