CAN, Vural v R [2007] NSWCCA 346

Procedural Posture

Criminal Conviction Appeal; Application for Extension of Time to Appeal / Application for Extension of Time in the New South Wales Court of Criminal Appeal

Legal Issues

1. 1 ["Whether the Crown's failure to call or investigate witnesses identified by the appellant caused a miscarriage of justice." 'Whether the trial judge erred in refusing a permanent stay based on inadequate funding and alleged inadequate disclosure of materials, evidence and witnesses.' 'Whether the trial judge failed to give a proper Jones v Dunkel direction concerning Mr Ilhan Akca and Mr Kennedy.' 'Whether the trial judge failed to give adequate directions concerning prison informer evidence from Mr Kucuk.' "Whether the summing up was unfair or biased, or failed to refer adequately to the appellant's evidence." 'Whether evidence concerning Colombian pawn receipts found under a table was properly admitted as evidence of consciousness of guilt.' 'Whether an extension of time to appeal should be granted.']

Ratio Decidendi

The extension of time was refused because the application was sparsely supported and the appellant did not demonstrate why the extension should be granted. In any event, the proposed grounds disclosed no error or miscarriage of justice: the Crown was not obliged to call the identified defence witnesses, the stay application was properly rejected, the directions about absent witnesses and the prison informer were adequate, the consciousness of guilt evidence was not wrongly admitted, and no unfairness in the summing up or omission concerning the appellant's evidence was established.

Court Disposition

The application for extension of time to appeal was refused.

Orders

• ['The application for extension of time to appeal is refused.']