Golossian v R [2013] NSWCCA 311

Golossian v R [2013] NSWCCA 311

The application for extension of time must be refused as the lengthy and largely unexplained delay, the prejudice caused, and the absence of substantial prospects of success on any proposed ground mean it is not in the interests of justice to grant the extension.

Parties
Applicant: Tony Golossian; Respondent: Regina
Jurisdiction
Australia
Judgment Date
10 December 2013
Procedural Posture
Criminal Appeal / Application for Extension of Time to Appeal Against Conviction
Outcome
Extension of time to appeal refused
Legal Topics
Appeal Against Conviction, Extension of Time, Unreasonable Verdict, Trial Judge's Summing Up, Recall of Complainant, Prejudice From Bifurcation

Case Brief

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Parties

Tony Golossian

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Application for Extension of Time to Appeal Against Conviction

  1. 1 Whether the verdicts of guilty in relation to each complainant were unreasonable or could not be supported by the evidence
  2. 2 Whether the trial judge's summing up was unfair and unbalanced
  3. 3 Whether the trial miscarried due to refusal to recall a complainant to give evidence about telephone messages

Ratio Decidendi

The application for extension of time must be refused as the lengthy and largely unexplained delay, the prejudice caused, and the absence of substantial prospects of success on any proposed ground mean it is not in the interests of justice to grant the extension.

Court Disposition

Extension of time to appeal refused

Orders

  • An extension of time to appeal is refused.