Brown v R [2013] NSWCCA 309

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Brown v R [2013] NSWCCA 309 Hearing dates: 25 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 - plea of guilty - robbery in company with infliction of grievous bodily harm - application for legal aid previously refused - legal aid provisionally granted on basis of Muldrock ground - whether refusal of application would result in substantial injustice to applicant - whether trial judge adopted two-stage approach to sentencing and gave determinative weight to standard non-parole period - whether trial judge erred in assessment of objective gravity - no Muldrock error - no House v The King error - no error in characterisation of level of injuries - application refused Legislation Cited: Crimes Act 1900 Cases Cited: Abdul v R [2013] NSWCCA 247 Bou-Antoun v R [2013] NSWCCA 305 House v The King [1936] HCA 40; 55 CLR 499 Muldrock v The Queen [2011] HCA 39 ; 144 CLR 120 Category: Principal judgment Parties: James Brown - (Applicant) Regina - (Crown Respondent) Representation: Counsel: M King - (Applicant) N Noman SC - (Crown Respondent) Solicitors: Legal Aid NSW - (Applicant) Solicitor for Public Prosecutions - (Crown Respondent) File Number(s): 2009/00193144 Decision under appeal Date of Decision: 2010-03-04 00:00:00 Before: Berman DCJ File Number(s): 2009/00193144