Radi v R [2013] NSWCCA 278

Radi v R [2013] NSWCCA 278

Although a 'Muldrock error' was established, the substantial delay, lack of compelling explanation for delay, and consideration of all circumstances (including post-sentence events), did not warrant a lesser sentence in law. Therefore, it would be futile to grant an extension of time for leave to appeal against sentence.

Jurisdiction
Australia
Judgment Date
14 November 2013
Procedural Posture
Criminal Sentence Appeal / Application for Extension of Time for Leave to Appeal Against Sentence
Outcome
Application for extension of time dismissed.
Legal Topics
['sentence Appeal' 'supplying a Commercial Quantity of a Prohibited Drug' 'standard Non Parole Period' 'delay in Appealing' 'principle of Finality']
['criminal Law'] ['sentence Appeal' 'supplying a Commercial Quantity of a Prohibited Drug' 'standard Non Parole Period' 'delay in Appealing' 'principle of Finality']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

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

Legal Issues

  1. 1 ['Whether the decision in Muldrock v The Queen entitled applicant to an extension of time for leave to appeal against sentence' "Whether a 'Muldrock error' occurred in the sentencing process" 'Whether refusal of an extension of time would result in substantial injustice' 'Whether a lesser sentence was warranted in law under s6(3) Criminal Appeal Act 1912 (NSW)']

Ratio Decidendi

Although a 'Muldrock error' was established, the substantial delay, lack of compelling explanation for delay, and consideration of all circumstances (including post-sentence events), did not warrant a lesser sentence in law. Therefore, it would be futile to grant an extension of time for leave to appeal against sentence.

Court Disposition

Application for extension of time dismissed.

Orders

  • ['Application for extension of time by the applicant dismissed.']