Ramea v R [2013] NSWCCA 310

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Ramea v R [2013] NSWCCA 310 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 - wounding with intent to cause grievous bodily harm - attack on taxi driver with glass - no explanation for delay - 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 of offence and aggravating factors - whether sentence manifestly excessive - no Muldrock error - no failure on part of judge to take into account relevant matter - no material error in sentencing exercise - sentence not manifestly excessive - application refused Legislation Cited: Crimes Act 1900 Cases Cited: Abdul v R [2013] NSWCCA 247 Aitchison v R [2012] NSWCCA 82 Aldous v R [2012] NSWCCA 153 Butler v R [2012] NSWCCA 23 Carroll v R [2012] NSWCCA 118 Markarian v The Queen [2005] HCA 25 ; 228 CLR 357 Mendes v R [2012] NSWCCA 103 Muldrock v The Queen [2011] HCA 39 ; 244 CLR 120 Category: Principal judgment Parties: Victor Ramea - (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): 2009/00004475 Decision under appeal Jurisdiction: 9101 Date of Decision: 2009-07-17 00:00:00 Before: Conlon SC DCJ File Number(s): 2009/11/0197