Norman Edward Ohl v Acting Director of Public Prosecutions

[2015] HCASL 57

NORMAN EDWARD OHL

v

ACTING DIRECTOR OF PUBLIC PROSECUTIONS

[2015] HCASL 57
H4/2014

1. The applicant was convicted of two counts of dishonestly acquiring a financial advantage.  On 17 February 2014, the Supreme Court of Tasmania (Tennent J) sentenced the applicant to serve a period of 14 months' imprisonment, with six months of that term conditionally suspended, and ordered the applicant to pay a total of $200,000 by way of compensation.

2. The respondent appealed against the sentence, contending it was manifestly inadequate.  On 19 June 2014, the Court of Criminal Appeal of the Supreme Court of Tasmania (Blow CJ, Porter and Wood JJ) allowed the appeal and imposed a new sentence of three years and three months' imprisonment.  Blow CJ, with whom Porter and Wood JJ agreed, held that the sentence imposed by Tennent J did not reflect the seriousness of the applicant's crimes, and was not likely to operate as a general deterrent.  Having regard to all the circumstances, the Court of Criminal Appeal agreed that the sentence was manifestly inadequate.

3. The applicant requires an extension of time in which to bring his application for special leave to appeal to this Court.  The applicant's arguments regarding the interpretation of s 402 of the Criminal Code (Tas) are misconceived.  Moreover, the arguments made in the applicant's notice of appeal and summary of argument were not the subject of argument before the sentencing judge or in the Court below, where the applicant declined to make any submissions.  This case would therefore provide an unsuitable vehicle to determine those issues.  Special leave should be refused.  Accordingly, there would be no utility in granting an extension of time.

4. Pursuant to r 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing the application.

S.M. Kiefel
9 April 2015 P.A. Keane