George v R [2013] NSWCCA 263

George v R [2013] NSWCCA 263

The application for extension of time was dismissed because the delay was substantial, finality weighed against extension, the sentencing judge did not commit Muldrock error when the remarks were read as a whole, and in any event no lesser sentence was warranted in law given the objective seriousness of the offence and the applicant's subjective circumstances.

Jurisdiction
Australia
Judgment Date
12 November 2013
Procedural Posture
Criminal Sentence Appeal / Application for Extension of Time for Leave to Appeal Against Sentence
Outcome
Application for extension of time by the applicant dismissed.
Legal Topics
['causing Grievous Bodily Harm With Intent to Murder' 'standard Non Parole Period' 'muldrock Error' 'extension of Time' 'finality' 'criminal Appeal Act 1912 (nsw) S6(3)']
['criminal Law' 'sentencing'] ['causing Grievous Bodily Harm With Intent to Murder' 'standard Non Parole Period' 'muldrock Error' 'extension of Time' 'finality' 'criminal Appeal Act 1912 (nsw) S6(3)']

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time for leave to appeal against sentence.' 'Whether the sentencing judge erred in approaching the standard non-parole period legislation in light of Muldrock v The Queen [2011] HCA 39; 244 CLR 120.' 'Whether any lesser sentence was warranted in law under s6(3) of the Criminal Appeal Act 1912 (NSW).']

Ratio Decidendi

The application for extension of time was dismissed because the delay was substantial, finality weighed against extension, the sentencing judge did not commit Muldrock error when the remarks were read as a whole, and in any event no lesser sentence was warranted in law given the objective seriousness of the offence and the applicant's subjective circumstances.

Court Disposition

Application for extension of time by the applicant dismissed.

Orders

  • ['The application for extension of time by the applicant be dismissed.']