Schneider v R [2019] NSWCCA 292

Schneider v R [2019] NSWCCA 292

The extension of time was refused because the proposed grounds of appeal were doomed to fail. The new evidence did not justify intervention under the exceptional principles in Khoury v R, the complaint that the sentencing judge lacked time to consider the psychological report was not made out, dissatisfaction with psychological help in custody could not found a ground of appeal, and the aggregate sentence was not manifestly excessive but quite lenient given the scale, duration and breach of trust involved in the offending.

Jurisdiction
Australia
Judgment Date
16 December 2019
Procedural Posture
Criminal Application for Extension of Time to Give Notice of Application for Leave to Appeal Against Sentence / Court of Criminal Appeal Application
Outcome
Extension of time to give notice of application for leave to appeal against sentence is refused.
Legal Topics
['extension of Time' 'leave to Appeal Against Sentence' 'obtaining a Financial Advantage by Deception' 'manifest Excess' 'new Evidence' 'hardship to Third Parties' 'special Circumstances']
['criminal Law'] ['extension of Time' 'leave to Appeal Against Sentence' 'obtaining a Financial Advantage by Deception' 'manifest Excess' 'new Evidence' 'hardship to Third Parties' 'special Circumstances']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether an extension of time should be granted to give notice of an application for leave to appeal against sentence.' "Whether new evidence concerning the applicant's granddaughter and teenage son justified appellate intervention." 'Whether the sentencing judge failed to give due regard to psychological material provided on the morning of the sentence hearing.' 'Whether the aggregate sentence was manifestly excessive.']

Ratio Decidendi

The extension of time was refused because the proposed grounds of appeal were doomed to fail. The new evidence did not justify intervention under the exceptional principles in Khoury v R, the complaint that the sentencing judge lacked time to consider the psychological report was not made out, dissatisfaction with psychological help in custody could not found a ground of appeal, and the aggregate sentence was not manifestly excessive but quite lenient given the scale, duration and breach of trust involved in the offending.

Court Disposition

Extension of time to give notice of application for leave to appeal against sentence is refused.

Orders

  • ['Extension of time to give notice of application for leave to appeal against sentence is refused.']