Kanakaradnam v R [2018] NSWCCA 282

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Kanakaradnam v R [2018] NSWCCA 282 Hearing dates: 16 November 2018, 19 November 2018 Date of orders: 07 December 2018 Decision date: 07 December 2018 Before: Simpson AJA at [1] Johnson J at [3] N Adams J at [116] Decision: Application for an extension of time within which to seek leave to appeal refused. Catchwords: CRIMINAL LAW – application for extension of time to appeal against conviction – offences of aggravated indecent assault – circumstance of aggravation that complainant had a cognitive impairment – applicant pleaded guilty to offences in District Court – whether there has been a miscarriage of justice – principles to be applied on application for leave to withdraw pleas of guilty – integrity of pleas of guilty – evidence given by applicant and applicant's former legal representatives at hearing in Court of Criminal Appeal – factual findings made – applicant's pleas of guilty entered freely and voluntarily and with full knowledge of elements of offences – no miscarriage of justice – not in interests of justice to grant extension of time – application for extension of time refused Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 Criminal Appeal Act 1912 Cases Cited: Geggo v R [2013] NSWCCA 7 Kennedy v R [2017] NSWCCA 193 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 Khamis v R [2014] NSWCCA 152 Meissner v The Queen (1995) 184 CLR 132; [1995] HCA 41 R v Rae (No. 2) (2005) 157 A Crim R 182; [2005] NSWCCA 380 R v Thalari (2009) 75 NSWLR 307; [2009] NSWCCA 170 Wong v Director of Public Prosecutions (NSW) (2005) 155 A Crim R 37; [2005] NSWSC 129 Texts Cited: --- Category: Principal judgment Parties: Rasakumar Kanakaradnam (Applicant) Regina (Respondent) Representation: Counsel: Mr GD Wendler (Applicant) Mr B Hatfield (Respondent)