Court of Criminal Appeal
Supreme Court
New South Wales
- Summary available
Medium Neutral Citation: Wiriyanjara v R [2016] NSWCCA 167 Hearing dates: 8 August 2016 Decision date: 15 August 2016 Before: Payne JA at [1];
R A Hulme J at [2];
Adamson J at [62]Decision: Extension of time in which to apply for leave to appeal against sentence is refused
Catchwords: CRIMINAL LAW – application for extension of time to seek leave to appeal sentence – unrepresented applicant – dishonestly obtaining financial advantage by deception – s 178BA(1) of the Crimes Act – medical and cognitive issues appropriately considered in sentencing exercise – no principled basis shown for accepting fresh or new evidence of medical issues or experience of protective custody – sentence not manifestly excessive for sustained and serious offending – application refused due to lack of merit Legislation Cited: Crimes Act 1900 (NSW) s 178BA
Crimes Act 1914 (Cth) s 16G
Crimes (Sentencing Procedure) Act 1999 (NSW) s 44Cases Cited: Alrubae v R [2016] NSWCCA 142
FP v R [2012] NSWCCA 182; 224 A Crim R 82
Hello v R; El-Skaf v R; Bakkour v R; Hosainy v R [2010] NSWCCA 311
Jiang v R [2010] NSWCCA 277
Kentwell v The Queen [2014] HCA 37; 252 CLR 601
Khoury v R [2011] NSWCCA 118
R v Bothra [2012] NSWDC 158
R v Cappadona & Anor [2001] NSWCCA 194; 122 A Crim R 52
R v Cartwright (1989) 17 NSWLR 243
R v Cramp [2004] NSWCCA 264
R v Dennis (Court of Criminal Appeal (NSW), 14 December 1992, unrep)
R v Fidow [2004] NSWCCA 172
R v Hare [2007] NSWCCA 303
R v Hemsley [2004] NSWCCA 228
R v Kilpatrick [2005] NSWCCA 351; 156 A Crim R 478
R v Murphy [2009] NSWDC 58
R v Todd [1982] 2 NSWLR 517
R v Webb [2004] NSWCCA 330; 149 A Crim R 167Category: Principal judgment Parties: Wadari Wiriyanjara (Applicant)
Regina (Respondent)Representation: Counsel:
Solicitors:
Applicant in person
Mr H Baker (Crown)
Solicitor for Public Prosecutions
File Number(s): 2010/334364 Decision under appeal
- Court or tribunal:
- District Court
- Date of Decision:
- 15 March 2013
- Before:
- Hock DCJ
- File Number(s):
- 2010/334364
Judgment
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PAYNE JA: I agree with R A Hulme J.
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R A HULME J: Mr Wadari Wiriyanjara ("the applicant") was sentenced by her Honour Judge Hock in the District Court to an aggregate term of imprisonment of 8 years with a non-parole period of 5 years in respect of 27 offences of dishonestly obtaining a financial advantage by deception.
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The offences were contrary to s 178BA(1) of the Crimes Act 1900 (NSW) (since repealed) which prescribed a maximum penalty of imprisonment of 5 years.
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The applicant pleaded not guilty to each of the offences but was found guilty by a jury in a two-week trial in August 2012. (There were verdicts of not guilty for 3 of the 30 counts in the indictment.) He was sentenced on 15 March 2013.
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He filed a notice…
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- AGLC
- Wiriyanjara v The Queen [2016] NSWCCA 167
- Case
- [2016] NSWCCA 167
- Decision Date
CaseChat Overview and Summary
The primary issue before the court was whether the application for an extension of time should be granted, given the appellant's unrepresented status, his medical and cognitive issues, and the nature of the offence. The court considered whether the sentence was manifestly excessive and whether there was a principled basis for accepting fresh evidence regarding the appellant's medical issues or his experience of protective custody.
The court held that the appellant had not demonstrated a principled basis for accepting fresh or new evidence of his medical issues or experience of protective custody. The court also found that the sentence was not manifestly excessive for the sustained and serious offending committed by the appellant. The court considered that the medical and cognitive issues had been appropriately considered in the sentencing exercise and did not warrant an extension of time. Consequently, the application for an extension of time was refused due to a lack of merit.
The court dismissed the application and upheld the primary judge's decision.
Orders
Orders of the court
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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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