Mason v R (No. 1) [2015] NSWCCA 324

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Mason v R (No. 1) [2015] NSWCCA 324 Hearing dates: 24 November 2015 Date of orders: 24 November 2015 Decision date: 18 December 2015 Before: Johnson J at [1] Button J at [54] Fagan J at [1] Decision: The application to vacate the hearing is refused. The Applicant's Notice of Motion filed 20 November 2015 is dismissed. Catchwords: CRIMINAL LAW – application to vacate hearing of appeal – Applicant convicted by jury of a number of sexual offences and sentenced to an aggregate term of imprisonment – Applicant first lodged Notice of Intention to Appeal in February 2013 and was subsequently granted a number of extensions – Applicant's solicitor informed Court in July 2015 that appeal ready to proceed on single ground of appeal – Notice of Appeal filed in August 2015 and listed for hearing in November 2015 – application to vacate the hearing made and refused by Registrar in early November 2015 – application heard by Court on date fixed for hearing of appeal – Applicant submits that vacation of hearing is required to further investigate a potential additional ground of appeal – interests of justice test applied – Applicant already provided substantial latitude – public interest in avoiding delay – relevance of Part 7 Crimes (Appeal and Review) Act 2001 – application refused (by majority) Legislation Cited: Crimes (Appeal and Review) Act 2001 Crimes Act 1900 Criminal Appeal Act 1912 Criminal Appeal Rules Cases Cited: Darwiche v R [2011] NSWCCA 62 Kentwell v The Queen [2014] HCA 37; 252 CLR 601 Texts Cited: --- Category: Procedural and other rulings Parties: Wayne Paul Mason (Applicant) Regina (Respondent) Representation: Counsel: Mr TA Game SC; Mr D Barrow (Applicant) Ms T Smith (Respondent)