Sahartor v R [2020] NSWCCA 36

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Sahartor v R [2020] NSWCCA 36 Hearing dates: 24 February 2020 Date of orders: 13 March 2020 Decision date: 13 March 2020 Before: Meagher JA at [1] Johnson J at [2] Hamill J at [3] Decision: (1) The application for leave to appeal against sentence is dismissed. (2) The application pursuant to section 59 of the Crimes (Sentencing Procedure) Act 1999 (NSW) is refused. Catchwords: CRIMINAL LAW – application for variation of commencement of sentence – where earlier unrelated sentence quashed – whether application for leave to appeal against sentence or application under s 59 – considerable confusion – where no ground impeaching reasons of sentencing judge – nature of appeal – jurisdiction – where extensive delay – whether criminal appeal rules provide a time limit for bringing application – discretionary considerations – where further sentences and parole orders made during period of delay – uncertainty around release dates if application was made earlier – whether egg can be unscrambled – where no evidence of matters relevant to the exercise of discretion – where applicant at large on parole order – rendering nugatory decisions of Parole Authority – application refused in exercise of discretion Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Appeal Act 1912 (NSW) Criminal Appeal Rules (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) Cases Cited: Allan v R (No 2) [2011] NSWCCA 27 Betts v The Queen (2016) 258 CLR 420; [2016] HCA 25 R v Pham [2004] NSWCCA 263 Sahartor v R [2018] NSWCCA 236 Category: Principal judgment Parties: Michael Sahartor (Applicant) Regina (Respondent) Representation: Counsel: S Kluss (Applicant) E Wilkins SC (Respondent)