Hart v Attorney-General for New South Wales [2016] NSWCCA 71

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Hart v Attorney-General for New South Wales [2016] NSWCCA 71 Hearing dates: 24 March 2016 Decision date: 02 May 2016 Before: Hoeben CJ at CL at [1] Harrison J at [2] Davies J at [3] Decision: (1) Extend time to the Applicant to file the Notice of Application for Leave to Appeal to 1 October 2015. (2) Leave to appeal granted. (3) Appeal dismissed. Catchwords: CRIMINAL LAW - sentence – perverting the course of justice – barrister making false statements to courts – judge-shopping – removal of matters from one court to another on the basis of false statements – statements made to achieve better outcome for client – five counts with five other charges on Form 1 – admissions made to ICAC inquiry – effect of High Court decision in ICAC v Cunneen on jurisdiction of ICAC to pursue inquiry involving applicant – whether Ellis discount should have been given – whether subjective matters accorded proper weight – whether issue of parity with comparative case – whether fixed term should have been imposed – whether discount for late plea adequate Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Evidence Act 1995 (NSW). Independent Commission Against Corruption Act 1988 (NSW) Independent Commission Against Corruption Amendment (Validation) Act 2015 (NSW) Cases Cited: Attorney-General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 (No. 1 of 2002) [2002] NSWCCA 518; (2002) 56 NSWLR 146 Duncan v Independent Commission Against Corruption [2015] HCA 32; (2015) 89 ALJR 835 Hampton v R [2014] NSWCCA 131; 243 A Crim R 193 Independent Commission Against Corruption v Cunneen [2015] HCA 14; (2015) 89 ALJR 475 Kentwell v The Queen [2014] HCA 37; (2014) 252 CLR 601 New South Wales Bar Association v Hart [2006] NSWADT 97 Pearce v The Queen [1998] HCA 57; (1998) 194 CLR 610 R v Nykolyn [2012] NSWCCA 219 R v Pham [2005] NSWCCA 94 R v Thompson [2005] NSWCCA 340; 156 A Crim R 467 The Council of the New South Wales Bar Association v Hart [2009] NSWADT 252 Tsakonas v R [2009] NSWCCA 258; (2009) 197 A Crim R 581 Category: Principal judgment Parties: John Peter Hart (Applicant) Attorney-General for New South Wales (Respondent) Representation: Counsel: In person (Applicant) Mr S Corish (Respondent)