Edwards v R

Case [2009] NSWCCA 199


New South Wales
Court of Criminal Appeal

CITATION: Edwards v R [2009] NSWCCA 199
HEARING DATE(S): 10 July 2009
 
JUDGMENT DATE: 

12 August 2009
JUDGMENT OF: Allsop P at 1; Kirby J at 2; Johnson J at 3
DECISION: 1. Extension of time to seek leave to appeal against sentence imposed in the Sydney District Court on 6 October 2006 refused.
2. Leave to appeal against sentence imposed in the Sydney District Court on 18 December 2008 refused.
CATCHWORDS: CRIMINAL LAW - sentence - stealing from the person - suspended sentence of imprisonment and bond in 2006 - applicant breaches bond by commission of further offences - suspended sentence of imprisonment commences in 2008 - applicant seeks extension of time for leave to appeal against 2006 sentence - relevant factors on application for extension of time - merits of application considered - extension of time refused - leave to appeal against 2008 sentence refused
LEGISLATION CITED: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
Criminal Appeal Act 1912
CATEGORY: Principal judgment
CASES CITED: R v Young [1999] NSWCCA 275
R v Beattie [2000] NSWCCA 201
R v Graham (2004) 62 NSWLR 252
Giannarelli v Wraith [1988] 165 CLR 543
Director of Public Prosecutions (NSW) v Cooke (2007) 168 A Crim R 379
Dinsdale v The Queen [2000] 202 CLR 321
R v MAK (2006) 167 A Crim R 159
The Queen v De Simoni (1981) 147 CLR 383
R v Delk (1999) 46 NSWLR 340
R v Hua [2002] NSWCCA 384
R v Young [2003] NSWCCA 276
R v Hooper [2004] NSWCCA 10
R v Henry (1999) 46 NSWLR 346
R v Hemsley [2004] NSWCCA 228
R v El Masri [2005] NSWCCA 167
Wise v R [2006] NSWCCA 264
R v Cage [2006] NSWCCA 304
R v Palmer [2005] NSWCCA 349
R v Gent (2005) 162 A Crim R 29
Markarian v The Queen [2005] 228 CLR 357
R v Zamagias [2002] NSWCCA 17
Director of Public Prosecutions v England [1999] 2 VR 258
R v Wilkinson (No. 5) [2009] NSWSC 432
R v Bloomfield (1998) 44 NSWLR 734
R v Finney [2002] NSWCCA 533
Huntingdon v R [2007] NSWCCA 196
Rickard v R [2007] NSWCCA 332
Ta v R [2009] NSWCCA 196
PARTIES: Lesley Phillis Edwards (Applicant)
Regina (Respondent)
FILE NUMBER(S): CCA 2006/15615
COUNSEL: Ms SF Beckett (Applicant)
Ms NJ Gouda (Respondent)
SOLICITORS: Legal Aid NSW (Applicant)
Solicitor for Public Prosecutions (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 06/11/0216
LOWER COURT JUDICIAL OFFICER: His Honour Judge Taylor (6 October 2006); his Honour Judge Hosking SC (18 December 2008)
LOWER COURT DATE OF DECISION: 6 October 2006 (his Honour Judge Taylor); 18 December 2008 (his Honour Judge Hosking SC)




                          2006/15615

                          ALLSOP P
                          KIRBY J
                          JOHNSON J

                          12 August 2009
Lesley Phillis Edwards v Regina
Judgment

1 ALLSOP P: I agree with Johnson J.

2 KIRBY J: I agree with Johnson J.

: By application filed on 19 May 2009, the Applicant, Lesley Phillis Edwards, seeks…

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Edwards v R [2009] NSWCCA 199
Case
[2009] NSWCCA 199
Decision Date

CaseChat Overview and Summary

In the case of Edwards v R, the applicant, a defendant in criminal proceedings, sought to appeal against two separate sentences imposed by the Magistrates' Court of Victoria. The first sentence was a suspended sentence of imprisonment and bond, handed down in 2006, and the second was a sentence of imprisonment imposed in 2008 after the applicant breached the conditions of the bond by committing further offences. The applicant's primary objective was to secure an extension of time to appeal against the 2006 sentence, arguing that the delay in lodging the application was due to the complexity of the issues and the time taken to prepare the application.

The court was tasked with determining whether the applicant's application for an extension of time was justified, considering the factors relevant to such applications. Additionally, the court had to decide whether leave to appeal against the 2008 sentence should be granted, focusing on the merits of the appeal and the arguments presented by the applicant. The court considered the circumstances surrounding the delay in lodging the application, the merits of the appeal, and the potential impact on the administration of justice.

Upon examination of the application for an extension of time, the court found that the applicant had not demonstrated exceptional circumstances warranting an extension. The court concluded that the delay was not justified, and the applicant's application for an extension of time was refused. Furthermore, the court considered the merits of the appeal against the 2008 sentence and found that the arguments presented by the applicant did not establish a sufficient ground for leave to appeal. Consequently, the applicant's request for leave to appeal against the 2008 sentence was also denied.

In summary, the court refused the applicant's application for an extension of time to appeal against the 2006 sentence and denied leave to appeal against the 2008 sentence. The court's decision was based on the lack of justification for the delay in lodging the application and the absence of sufficient grounds for leave to appeal.

Orders

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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