Mashayekhi v R [2021] NSWCCA 55

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Mashayekhi v R [2021] NSWCCA 55 Hearing dates: 29 March 2021 Date of orders: 31 March 2021 Decision date: 09 April 2021 Before: Hoeben CJ at CL and Wilson J at [1] Hamill J at [34] Decision: (1) Application struck out for want of jurisdiction Catchwords: CRIME – bail – release application – proposed conviction and sentence appeal – preliminary question of jurisdiction to hear and determine release application – no appeal "pending" before the Court – no jurisdiction to hear application – on the assumption that jurisdiction did exist – s 22 test not met by applicant – whether prospects of succeeding on appeals – where difficulty of preparing appeal in custody not special or exceptional circumstances Legislation Cited: Bail Act 2013 (NSW) Crimes Act 1900 (NSW) Criminal Appeal Act 1912 (NSW) Criminal Appeal Rules (1952 SI 2) (NSW) Cases Cited: El-Hilli and Melville v R [2015] NSWCCA 146 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 Noufl v Director of Public Prosecutions (NSW) [2018] NSWSC 1238 Obeid v R (No 2) [2016] NSWCCA 321 R v Ambury [2017] NSWCCA 115 R v Jefferys (Unreported, Supreme Court of NSW, Rothman J, 17 December 2014) R v Williams [2020] NSWCCA 348 R v Yaghi (Unreported, Supreme Court of NSW, Rothman J, 1 July 2014) Samandi v Director of Public Prosecutions (NSW) [2020] NSWCCA 102 Widdowson v R [2020] NSWCCA 213 Category: Principal judgment Parties: Amin Mashayekhi (Applicant) Regina (Crown) Representation: Counsel: Applicant in person S Traynor (Crown)