Tongahai v R [2014] NSWCCA 81

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Tongahai v R [2014] NSWCCA 81 Hearing dates: 09 April 2014 Decision date: 15 May 2014 Before: Basten JA at [1]; Fullerton J at [45]; Davies J at [46] Decision: (1) To the extent that the applicant requires an extension of time within which to seek leave to appeal, grant the applicant an extension up to and including 18 October 2013 for the filing of the notice of appeal. (2) Reject as inadmissible the evidence of the applicant and Mr Sutherland with respect to the circumstances in which the trial judge directed that there be a view to be undertaken in the absence of the accused. (3) Refuse leave to appeal against the applicant's conviction on the charge of murder. Catchwords: APPEAL - criminal - miscarriage of justice - whether accused misled by trial judge - accused represented by counsel - whether consent to view in his absence was a true and informed consent - whether trial miscarried

CRIMINAL LAW - appeal against conviction for murder - application for extension of time - notice of intention to appeal filed within time - numerous extensions of time granted while accused sought legal aid - notice expired - request for extension of time after expiration refused by deputy registrar - whether an extension of time should be granted - Criminal Appeal Act 1912 (NSW), s 10; Criminal Appeal Rules rr 3A, 3B

CRIMINAL LAW - trial procedure - view - attendance of accused - trial judge directed a view in absence of the accused - whether trial judge misled accused - whether accused properly advised by counsel - whether trial miscarried - right to attend