Regina v Barco [2005] NSWCCA 176

Regina v Barco [2005] NSWCCA 176

The applicant failed to provide a sufficient and credible explanation for the gross delay in seeking extension of time to appeal, and the grounds advanced for appeal revealed no apparent legal merit. Thus, the application for extension of time was refused and the application dismissed.

Parties
Prosecutor: Regina; Applicant: Robert John Barco
Jurisdiction
Australia
Judgment Date
06 May 2005
Procedural Posture
Criminal / Application for Extension of Time to Appeal Against Sentence
Outcome
Application dismissed
Legal Topics
Extension of Time for Appeal, Sentencing, Appeal Procedure
Criminal Law Extension of Time for Appeal Sentencing Appeal Procedure

Case Brief

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Parties

Regina

Prosecutor

Robert John Barco

Applicant

Procedural Posture

Criminal / Application for Extension of Time to Appeal Against Sentence

Legal Issues

  1. 1 Whether sufficient explanation was provided for gross delay in seeking extension of time to appeal against sentence
  2. 2 Whether the grounds advanced for challenging sentence had apparent merit

Ratio Decidendi

The applicant failed to provide a sufficient and credible explanation for the gross delay in seeking extension of time to appeal, and the grounds advanced for appeal revealed no apparent legal merit. Thus, the application for extension of time was refused and the application dismissed.

Court Disposition

Application dismissed

Orders

  • Application for extension of time refused
  • Application for leave to appeal dismissed