Hijazi v R [2020] NSWCCA 97

Hijazi v R [2020] NSWCCA 97

The application for extension of time was refused because the proposed appeal lacked merit, given that even if error was established regarding the utilitarian value of the guilty plea, a lesser sentence would not be imposed upon re-sentencing. The delay was lengthy and not wholly explained, reinforcing refusal.

Parties
Applicant: Hijazi Hijazi; Respondent: Regina
Jurisdiction
Australia
Judgment Date
08 May 2020
Procedural Posture
Application for Extension of Time to Seek Leave to Appeal Against Sentence / Judgment on Extension Application
Outcome
Application for extension of time refused
Legal Topics
Applications for Extension of Time, Appeals Against Sentence, Utilitarian Value of Plea, Xiao Error, Mitigating Factors, Delay, Discount for Guilty Plea
Criminal Law Applications for Extension of Time Appeals Against Sentence Utilitarian Value of Plea Xiao Error Mitigating Factors Delay Discount for Guilty Plea

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Parties

Hijazi Hijazi

Applicant

Regina

Respondent

Procedural Posture

Application for Extension of Time to Seek Leave to Appeal Against Sentence / Judgment on Extension Application

Legal Issues

  1. 1 Whether an extension of time should be granted to seek leave to appeal against sentence
  2. 2 Whether the sentencing judge erred by not considering the utilitarian value of the guilty plea
  3. 3 Whether delay and anxiety are mitigating factors

Ratio Decidendi

The application for extension of time was refused because the proposed appeal lacked merit, given that even if error was established regarding the utilitarian value of the guilty plea, a lesser sentence would not be imposed upon re-sentencing. The delay was lengthy and not wholly explained, reinforcing refusal.

Court Disposition

Application for extension of time refused

Orders

  • Application for extension of time to seek leave to appeal against sentence refused