Regina v ED [2003] NSWCCA 255

Regina v ED [2003] NSWCCA 255

Due to extraordinary 46-year delay, lack of merit in fresh evidence, sentence long since served, and no interests of justice warranting extension, leave to appeal against conviction and sentence is refused.

Parties
Respondent: Regina; Applicant: ED
Jurisdiction
Australia
Judgment Date
11 September 2003
Procedural Posture
Criminal Appeal / Application for Extension of Time to Appeal Against Conviction and Sentence
Outcome
application refused
Legal Topics
Extension of Time, Fresh Evidence, Conviction Appeal, Sentence Appeal
Criminal Law Extension of Time Fresh Evidence Conviction Appeal Sentence Appeal

Case Brief

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Parties

Regina

Respondent

ED

Applicant

Procedural Posture

Criminal Appeal / Application for Extension of Time to Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether leave should be granted to appeal against conviction and sentence 46 years out of time
  2. 2 Whether fresh evidence justifies setting aside conviction
  3. 3 Whether interests of justice require extension of time

Ratio Decidendi

Due to extraordinary 46-year delay, lack of merit in fresh evidence, sentence long since served, and no interests of justice warranting extension, leave to appeal against conviction and sentence is refused.

Court Disposition

application refused

Orders

  • Leave to appeal against conviction refused
  • Leave to appeal against sentence refused