ETCHELL v R [2010] NSWCCA 262

ETCHELL v R [2010] NSWCCA 262

The explanation for delay provided by the applicant was not sufficient to warrant the considerable extension of time sought, and the proposed grounds of appeal did not have sufficient prospects of success to justify granting the extension, particularly in light of the principles supporting the finality of judicial decisions.

Parties
Applicant: John Nicholas Etchell; Respondent: Regina (Crown)
Jurisdiction
Australia
Judgment Date
15 November 2010
Procedural Posture
Criminal Appeal / Application for Extension of Time to Seek Leave to Appeal Against Sentence
Outcome
Application for extension of time dismissed
Legal Topics
Appeal Procedure, Extension of Time to Appeal, Sentencing, Non Parole Periods, Special Circumstances
Criminal Law Appeal Procedure Extension of Time to Appeal Sentencing Non Parole Periods Special Circumstances

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 13 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

John Nicholas Etchell

Applicant

Regina (Crown)

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant should be granted an extension of time to seek leave to appeal against sentence
  2. 2 Whether there was a miscarriage of justice in the ratio of non-parole period to total sentence imposed
  3. 3 Whether the sentencing judge erred in misdescribing the victim's vulnerability as an aggravating factor

Ratio Decidendi

The explanation for delay provided by the applicant was not sufficient to warrant the considerable extension of time sought, and the proposed grounds of appeal did not have sufficient prospects of success to justify granting the extension, particularly in light of the principles supporting the finality of judicial decisions.

Court Disposition

Application for extension of time dismissed

Orders

  • Application for extension of time dismissed