Kertai v R [2013] NSWCCA 252

Kertai v R [2013] NSWCCA 252

The sentencing judge did not commit 'Muldrock error', properly assessed the objective gravity and personal circumstances, and the sentence was not manifestly excessive; thus, there were insufficient prospects of success to justify granting an extension of time to appeal.

Jurisdiction
Australia
Judgment Date
08 November 2013
Procedural Posture
Application for Extension of Time for Leave to Appeal Against Sentence / Appellate Application for Extension of Time
Outcome
Application for extension of time dismissed
Legal Topics
['extension of Time to Appeal' 'sexual Offences' 'sentencing' 'objective Seriousness' 'manifest Excess' 'principle of Finality']
['criminal Law'] ['extension of Time to Appeal' 'sexual Offences' 'sentencing' 'objective Seriousness' 'manifest Excess' 'principle of Finality']

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether 'Muldrock error' occurred in sentencing" 'Whether sentencing judge erred in assessment of objective gravity of offence' 'Whether sentence was manifestly excessive' 'Whether sufficient prospects of success to warrant extension of time']

Ratio Decidendi

The sentencing judge did not commit 'Muldrock error', properly assessed the objective gravity and personal circumstances, and the sentence was not manifestly excessive; thus, there were insufficient prospects of success to justify granting an extension of time to appeal.

Court Disposition

Application for extension of time dismissed

Orders

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