Ngati v R [2013] NSWCCA 307

Ngati v R [2013] NSWCCA 307

The sentencing judge did not offend Muldrock as there was no two-stage approach or determinative reliance on the standard non-parole period. The reasons disclosed proper consideration of all relevant aggravating and mitigating factors, and there was no merit in the ground for extension of time.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
09 December 2013
Procedural Posture
Criminal / Application for Extension of Time to Seek Leave to Appeal Sentence
Outcome
Application for extension of time refused
Legal Topics
['extension of Time for Appeal' 'standard Non Parole Period' 'sentencing Error' 'aggravated Break, Enter and Steal']
['criminal Law'] ['extension of Time for Appeal' 'standard Non Parole Period' 'sentencing Error' 'aggravated Break, Enter and Steal']

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether trial judge erred in approach to standard non-parole period' 'Whether court should grant extension of time to appeal on basis of Muldrock error' 'Whether substantial injustice would follow from refusal of application']

Ratio Decidendi

The sentencing judge did not offend Muldrock as there was no two-stage approach or determinative reliance on the standard non-parole period. The reasons disclosed proper consideration of all relevant aggravating and mitigating factors, and there was no merit in the ground for extension of time.

Court Disposition

Application for extension of time refused

Orders

  • ['The extension of time within which to seek leave to appeal is refused.']