Arja v R [2010] NSWCCA 190

Arja v R [2010] NSWCCA 190

The extension of time was refused because no satisfactory explanation was provided for the lapse of the notice of intention to appeal or for the later delay, and the proposed appeal lacked merit. The Court was not persuaded that the sentencing judge failed to take the applicant's guilty pleas into account, and in...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
25 August 2010
Procedural Posture
Criminal Application for Leave to Appeal Against Sentence and Application for Extension of Time / Court of Criminal Appeal Application for Extension of Time After Expiry of the Notice of Intention to Appeal
Outcome
The application for an extension of time is refused.
Legal Topics
['leave to Appeal' 'extension of Time' 'inordinate Delay' 'guilty Pleas' 'aggravated Robbery' 'stolen Vehicle Offence' 'drug Court Referral']
['criminal Law' 'criminal Procedure' 'sentencing'] ['leave to Appeal' 'extension of Time' 'inordinate Delay' 'guilty Pleas' 'aggravated Robbery' 'stolen Vehicle Offence' 'drug Court Referral']

Source-derived case record

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Procedural Posture

Criminal Application for Leave to Appeal Against Sentence and Application for Extension of Time / Court of Criminal Appeal Application for Extension of Time After Expiry of the Notice of Intention to Appeal

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time to seek leave to appeal against sentence despite inordinate delay.' "Whether the sentencing judge failed to take account of the applicant's guilty pleas." 'Whether a lesser sentence was warranted.']

Ratio Decidendi

The extension of time was refused because no satisfactory explanation was provided for the lapse of the notice of intention to appeal or for the later delay, and the proposed appeal lacked merit. The Court was not persuaded that the sentencing judge failed to take the applicant's guilty pleas into account, and in any event the aggregate head sentence and non-parole period were appropriate to the totality of the applicant's criminality.

Court Disposition

The application for an extension of time is refused.

Orders

  • ['Refuse the application to extend the time within which to appeal.']