Vaughan v R [2020] NSWCCA 3

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Vaughan v R [2020] NSWCCA 3 Hearing dates: 18 October 2019 Date of orders: 06 February 2020 Decision date: 06 February 2020 Before: Macfarlan JA at [1] Johnson J at [2] R A Hulme J at [116] Decision: Refuse extension of time to seek leave to appeal against sentence. Catchwords: APPEAL – SENTENCE – application for extension of time to seek leave to appeal against sentence – offences of cause grievous bodily harm with intent to murder and wounding with intent to cause grievous bodily harm – offender attacked his wife with a knife and his vehicle and her co-worker with a knife – sentencing Judge imposed aggregate sentences and indicated sentences which would have been imposed for individual offences – whether sentencing Judge erred in the notional accumulation of the indicative sentences – no claim that indicative sentences or aggregate sentence were manifestly excessive – consideration of provisions for aggregate sentencing – claim of error based on misconception concerning aggregate sentencing – ground of appeal rejected – extension of time refused Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Crimes (Sentencing Procedure) Amendment Act 2010 Crimes Act 1900 Criminal Appeal Act 1912 Interpretation Act 1987 Cases Cited: Bao v R [2016] NSWCCA 16 Beale v R [2015] NSWCCA 120 Cherry v R [2017] NSWCCA 150 Cullen v R [2014] NSWCCA 162 JM v R (2014) 246 A Crim R 528; [2014] NSWCCA 297 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 Kerr v R [2016] NSWCCA 218 McIntosh v R [2015] NSWCCA 184 Pearce v The Queen (1998) 194 CLR 610; [1998] HCA 57 Porter v R [2008] NSWCCA 145 R v Amati [2019] NSWCCA 193 R v Brown [2012] NSWCCA 199 R v Rae [2013] NSWCCA 9 ZA v R (2017) 267 A Crim R 105; [2017] NSWCCA 132 Texts Cited: --- Category: Principal judgment Parties: Shelden Patrick Vaughan (Applicant) Regina (Respondent) Representation: Counsel: Mr P Lange; Mr B Mawassi (Applicant) Mr B Hatfield (Respondent)