Allen v R [2013] NSWCCA 173

Allen v R [2013] NSWCCA 173

The delay in filing was adequately explained by administrative errors and reassurance within the prison system, so time should be extended. Although the offence was toward the lower end of objective seriousness and the sentence was stern for a young offender, the applicant committed the offence while on parole for a similar offence and had a lengthy record of housebreaking, making specific deterrence important. The sentence was within the permissible range and was not unreasonable or plainly unjust, so the manifest excess ground failed.

Jurisdiction
Australia
Judgment Date
24 July 2013
Procedural Posture
Criminal Appeal Against Sentence / Application for Extension of Time and Leave to Appeal Against Sentence
Outcome
Time extended; leave to appeal granted; appeal dismissed.
Legal Topics
['aggravated Break and Enter With Intent' 'manifest Excess' 'extension of Time' 'leave to Appeal' 'form 1 Offences' 'specific Deterrence' 'totality']
['criminal Law' 'sentencing' 'criminal Appeals'] ['aggravated Break and Enter With Intent' 'manifest Excess' 'extension of Time' 'leave to Appeal' 'form 1 Offences' 'specific Deterrence' 'totality']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether time for filing the notice of application for leave to appeal should be extended.' 'Whether leave to appeal against sentence should be granted.' 'Whether the sentence for aggravated breaking and entering a dwelling house and committing a serious indictable offence was manifestly excessive.']

Ratio Decidendi

The delay in filing was adequately explained by administrative errors and reassurance within the prison system, so time should be extended. Although the offence was toward the lower end of objective seriousness and the sentence was stern for a young offender, the applicant committed the offence while on parole for a similar offence and had a lengthy record of housebreaking, making specific deterrence important. The sentence was within the permissible range and was not unreasonable or plainly unjust, so the manifest excess ground failed.

Court Disposition

Time extended; leave to appeal granted; appeal dismissed.

Orders

  • ['The time within which the notice of application for leave to appeal may be filed be extended to 10 April 2013.' 'Leave to appeal be granted.' 'The appeal be dismissed.']