R v Thomas [2000] NSWCCA 265

R v Thomas [2000] NSWCCA 265

There was no satisfactory explanation for the substantial delay in filing for leave to appeal, and the sentencing judge had considered the required principles. The application for an extension of time was refused.

Jurisdiction
Australia
Judgment Date
12 July 2000
Procedural Posture
Criminal Appeal / Application for Extension of Time to Appeal Against Sentence
Outcome
Application refused
Legal Topics
['sentencing' 'extension of Time to Appeal' 'special Circumstances' 'principle of Totality']
['criminal Law'] ['sentencing' 'extension of Time to Appeal' 'special Circumstances' 'principle of Totality']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether time should be extended to apply for leave to appeal against sentence' 'Whether sentencing judge erred in not having regard to the principle of totality' 'Whether sentencing judge erred in not finding special circumstances under s 5(2) of the Sentencing Act']

Ratio Decidendi

There was no satisfactory explanation for the substantial delay in filing for leave to appeal, and the sentencing judge had considered the required principles. The application for an extension of time was refused.

Court Disposition

Application refused

Orders

  • ['Application for an extension of time in which to apply for leave to appeal against sentence refused.']