WA v R [2014] NSWCCA 92

WA v R [2014] NSWCCA 92

The applicant failed to provide a satisfactory explanation for the substantial delay in bringing the application for leave to appeal against sentence, and did not demonstrate an arguable case or appellable error regarding the sentencing judge’s treatment of special circumstances. In the interests of justice, extension of time was refused.

Jurisdiction
Australia
Judgment Date
27 May 2014
Procedural Posture
Criminal / Application for Extension of Time to Appeal Against Sentence
Outcome
Leave to extend time within which to appeal is refused.
Legal Topics
['appeal Against Sentence' 'extension of Time' 'special Circumstances' 'juvenile Offender' 'sentencing Discretion']
['criminal Law'] ['appeal Against Sentence' 'extension of Time' 'special Circumstances' 'juvenile Offender' 'sentencing Discretion']

Case Brief

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Procedural Posture

Criminal / Application for Extension of Time to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether there was sufficient explanation for substantial delay in applying for leave to appeal' 'Whether the sentencing judge erred in failing to find special circumstances under s 44(2) Crimes (Sentencing Procedure) Act 1999 (NSW)']

Ratio Decidendi

The applicant failed to provide a satisfactory explanation for the substantial delay in bringing the application for leave to appeal against sentence, and did not demonstrate an arguable case or appellable error regarding the sentencing judge’s treatment of special circumstances. In the interests of justice, extension of time was refused.

Court Disposition

Leave to extend time within which to appeal is refused.

Orders

  • []