Simon v R [2013] NSWCCA 328

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Simon v R [2013] NSWCCA 328 Hearing dates: 12 November 2013 Decision date: 20 December 2013 Before: Macfarlan JA at [1] Latham J at [126] R A Hulme J at [130] Decision: (1) Application for extension of time to appeal against conviction refused. (2) Application for extension of time to appeal against sentence granted. (3) Application for leave to appeal against sentence granted. (4) Appeal against sentence allowed in part. (5) In relation to the sentences imposed in the District Court on 10 March 2011 (and corrected on 15 July 2011): (a) Quash the sentences imposed in respect of Counts 13 and 15 and in lieu impose sentences comprising a non-parole period of 12 years 6 months to commence 12 November 2015 and expire 11 May 2028 and a balance of the term of the sentence of 5 years 6 months to expire 11 May 2033. (b) The sentences imposed are otherwise confirmed. (c) Accordingly, the applicant's sentences will expire on 11 November 2033, with the earliest date that he will be eligible for parole being 11 May 2028. (6) Appeal against sentence otherwise dismissed. Catchwords: CRIMINAL LAW - conviction appeal - sexual assault and other offences - applicant followed complainant from Darlinghurst to Hurlstone Park, broke into her home unit and sexually assaulted her over a number of hours - applicant claimed intercourse was consensual - Notice of Intention to Appeal and Notice of Appeal filed long out of time - s 10(1)(a) Criminal Appeal Act 1912, r 3A Criminal Appeal Rules - whether sufficient prospects of success to warrant an extension of time - extension refused