Dennis v R [2015] NSWCCA 61

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Dennis v R [2015] NSWCCA 61 Hearing dates: 25 March 2015 Date of orders: 16 April 2015 Decision date: 16 April 2015 Before: R A Hulme J at [1] Davies J at [2] Bellew J at [3] Decision: The application for an extension time is refused. Catchwords: CRIMINAL LAW – Murder – Application for extension of time in which to seek leave to appeal against sentence – Asserted Muldrock error – Whether sentencing judge gave primary or determinative significance to the prescribed standard non-parole period – Whether the sentencing judge engaged in a two stage process of sentencing – Whether the sentencing judge failed to have regard to the applicant's subjective considerations – Necessity to consider the reasons of the sentencing judge as a whole – Necessity to consider the prospects of success of the proposed ground of appeal should an extension of time be granted – Error not established – Application to extend time refused. Legislation Cited: Crimes (Sentencing Procedure) Act 1999 NSW Cases Cited: Aldous v R [2012] NSWCCA 153 Black v R [2013] NSWCCA 265 Dennis v R [2012] NSWCCA 120 Essex v R [2013] NSWCCA 11 Kentwell v R [2014] HCA 37 Muldrock v R [2011] HCA 39; (2011) 244 CLR 120 O'Grady v R [2014] HCA 38 R v Dennis [2009] NSWSC 1357 Category: Principal judgment Parties: Matthew Allen James Dennis - Applicant Regina – Respondent Representation: Counsel: Mr M King - Applicant Ms T Smith - Respondent