Cappis v R [2015] NSWCCA 138

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Cappis v R [2015] NSWCCA 138 Hearing dates: 1 June 2015 Date of orders: 12 June 2015 Decision date: 12 June 2015 Before: Gleeson JA at [1] Johnson J at [2] Garling J at [3] Decision: (1)Application for leave to appeal granted. (2)Appeal dismissed. Catchwords: CRIMINAL LAW – appeal – sentence – self represented appellant – whether error in discount for early plea – no offender has an entitlement to a particular discount – CRIMINAL LAW – appeal – sentence – whether Judge erred in concluding a conviction was inevitable – Crown case compelling – open for sentencing Judge to conclude conviction inevitable – CRIMINAL LAW – appeal – sentence – whether bad legal advice – no bad legal advice – CRIMINAL LAW – appeal – sentence – whether error that no further discount for compassionate grounds – appellant a Canadian national – that appellant a foreigner of strictly limited significance – intentionally visited Australia to commit crime Legislation Cited: Crimes Act 1914 (Cth) Criminal Code 1995 Cases Cited: Danial v R [2008] NSWCCA 15 R v Ferrer-Esis (1991) 55 A Crim R 231 Trujillo-Mesa v R [2010] NSWCCA 201 Tyler v R; R v Chalmers [2007] NSWCCA 247; 173 A Crim R 458 Texts Cited: Not Applicable Category: Principal judgment Parties: Shawn Jason Cappis (Applicant) Regina Representation: Counsel: Self Represented (Applicant) T Anderson (Crown)