Khamis v R [2014] NSWCCA 152

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Khamis v R [2014] NSWCCA 152 Hearing dates: 25/07/2014 Decision date: 15 August 2014 Before: Hoeben CJ at CL at [1] McCallum J at [88] Garling J at [89] Decision: Application for an extension of time within which to seek leave to appeal is refused. Catchwords: CRIMINAL LAW - practice and procedure - application for an extension of time within which to appeal - applicant seeking leave to withdraw plea of guilty - applicant pleaded guilty to one count of sexual intercourse without consent - whether applicant understood effect of plea of guilty - whether applicant suffering from a schizophrenic episode when he entered plea of guilty - limitations of medical evidence - importance of evidence of events contemporaneous with entry of plea of guilty - unreliability of applicant as an historian - complete and logical explanation for plea of guilty available - no reasonable prospects of success - application for extension of time refused. Legislation Cited: Crimes Act 1900 - s 61I Criminal Appeal Act 1912 - s10(1)(b) Cases Cited: Abdul v R [2013] NSWCCA 247 Darwiche v R; El-Zeyat v R; Aouad v R; Osman v R [2011] NSWCCA 62 Khamis v Regina [2010] NSWCCA 179 R v Stephen J Ray (No 2) [2005] NSWCCA 380 Regina v Van [2002] NSWCCA 148; 129 A Crim R 229 Sabapathy v R [2008] NSWCCA 82 Wong v The Director of Public Prosecutions (2005)155 A Crim R 37 Category: Principal judgment Parties: Omer Ibrahim Khamis - Applicant Regina - Respondent Crown Representation: Counsel: J Trevallion - Applicant N Williams - Respondent Crown Solicitors: Archbold Legal - Applicant S Kavanagh, Solicitor for Public Prosecutions - Respondent Crown File Number(s): 2008/6846 Decision under appeal Date of Decision: 2010-11-09 00:00:00 Before: Blanch J CJDC File Number(s): 2008/6846