Thafer v R [2019] NSWCCA 143

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Thafer v R [2019] NSWCCA 143 Hearing dates: 20 May 2019 Date of orders: 05 July 2019 Decision date: 05 July 2019 Before: Hoeben CJ at CL at [1] Walton J at [2] Wilson J at [4] Decision: (1) Extension of time in which to bring the application for leave to appeal against conviction refused. (2) Application for leave to appeal against conviction dismissed. (3) The applicant is to file and serve any proposed grounds of appeal against sentence, together with written submissions by 26 July 2019. (4) The Crown is to file its written submissions by 2 August 2019. (5) Any submissions in reply from the applicant are to be filed by 9 August 2019. (6) Any application for leave to appeal against sentence will be dealt with on the papers. Catchwords: APPLICATION FOR LEAVE TO APPEAL AGAINST CONVICTION AND SENTENCE – sexual assault – indecent assault – aggravated sexual assault – aggravated indecent assault – pleas of guilty entered in the District Court – further offences taken into account – question of whether the pleas were entered as a consequence of incorrect legal advice – question of consciousness of guilt – "fresh evidence" – whether credible or persuasive – question of integrity of plea – appeal out of time – question of leave – sentence appeal – no grounds or submissions filed Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Crimes Act 1900 (NSW) Evidence Act 1995 (NSW) Migration Act 1958 (Cth) Surveillance Devices Act 2007 (NSW) Cases Cited: Gallagher v The Queen (1986) 160 CLR 392 Khoury v R [2011] NSWCCA 118; 209 A Crim R 509 Meissner v The Queen (1995) 184 CLR 132 R v Abou-Chabake [2004] NSWCCA 356; 149 A Crim R 417 Ratten v The Queen (1974) 131 CLR 510 Sabapathy v R [2008] NSWCCA 82 Sauer v R [2006] NSWCCA 81 Wright v R [2016] NSWCCA 118 Category: Principal judgment Parties: Ahmed Thafer (Applicant) Regina (Respondent) Representation: Counsel Mr A Boe and Mr R Rajalingam (Applicant) Ms M England (Respondent)