Orchard v R [2013] NSWCCA 239

Orchard v R [2013] NSWCCA 239

The application for extension of time to file an application for leave to appeal was refused as there was no merit in any of the proposed grounds of appeal. The applicant had not demonstrated any arguable ground, either in respect of the refusal to allow withdrawal of the guilty plea or that the sentence was manifestly excessive or affected by error.

Jurisdiction
Australia
Judgment Date
25 October 2013
Procedural Posture
Criminal Appeal / Application for Extension of Time to Apply for Leave to Appeal Sentence
Outcome
Extension of time to file application for leave to appeal refused.
Legal Topics
['extension of Time' 'leave to Appeal Sentence' 'manifest Excess' 'withdrawal of Guilty Plea']
['criminal Law'] ['extension of Time' 'leave to Appeal Sentence' 'manifest Excess' 'withdrawal of Guilty Plea']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether extension of time to file application for leave to appeal should be granted' 'Whether there were arguable grounds of appeal against sentence' 'Whether refusal to allow change of plea was in error' 'Whether sentence was manifestly excessive or affected by error']

Ratio Decidendi

The application for extension of time to file an application for leave to appeal was refused as there was no merit in any of the proposed grounds of appeal. The applicant had not demonstrated any arguable ground, either in respect of the refusal to allow withdrawal of the guilty plea or that the sentence was manifestly excessive or affected by error.

Court Disposition

Extension of time to file application for leave to appeal refused.

Orders

  • ['Extension of time to file application for leave to appeal refused']