Williams v R [2013] NSWCCA 168

Williams v R [2013] NSWCCA 168

The application for extension of time was refused because there was an unsatisfactory explanation for the delay, and there was no justifiable sense of grievance regarding sentence disparity; the applicant could not rely on the more lenient sentence received by a co-offender after a Crown appeal, where that leniency resulted from the operation of the double jeopardy principle.

Jurisdiction
Australia
Judgment Date
18 July 2013
Procedural Posture
Criminal / Application for Extension of Time to Appeal Against Severity of Sentence
Outcome
Application for extension of time to appeal is refused
Legal Topics
['extension of Time to Appeal' 'severity of Sentence' 'attempted Contract Killing' 'parity Principle']
['criminal Law'] ['extension of Time to Appeal' 'severity of Sentence' 'attempted Contract Killing' 'parity Principle']

Case Brief

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Procedural Posture

Criminal / Application for Extension of Time to Appeal Against Severity of Sentence

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time to appeal against the severity of sentence' 'Whether the sentence imposed on the applicant gives rise to a justifiable sense of grievance due to disparity with the sentence imposed on a co-offender (Ms Louizos)']

Ratio Decidendi

The application for extension of time was refused because there was an unsatisfactory explanation for the delay, and there was no justifiable sense of grievance regarding sentence disparity; the applicant could not rely on the more lenient sentence received by a co-offender after a Crown appeal, where that leniency resulted from the operation of the double jeopardy principle.

Court Disposition

Application for extension of time to appeal is refused

Orders

  • ['The application for extension of time to appeal is refused.']