Mashayekhi v R (No 2) [2021] NSWCCA 161

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Mashayekhi v R (No 2) [2021] NSWCCA 161 Hearing dates: 25 June 2021 Date of orders: 14 July 2021 Decision date: 14 July 2021 Before: Bell P at [1]; Button J at [71]; Wright J at [72] Decision: 1. Grant an extension of time for leave to appeal. 2. Leave to appeal refused. Catchwords: CRIME – Appeals – appeal against conviction – whether there was a miscarriage of justice in that the applicant allegedly did not give evidence in relation to his application for a permanent or temporary stay of proceedings – where contemporaneous evidence revealed that decision not to proceed with stay application was taken on the applicant's instructions Legislation Cited: Legal Profession Uniform Conduct (Barristers) Rules 2015 (NSW) rr 42, 61(a), 64, 65 Cases Cited: Dietrich v The Queen (1992) 177 CLR 292; [1992] HCA 57 Kamali v R [2019] NSWCCA 186 Mashayekhi v R [2021] NSWCCA 55 Nudd v The Queen (2006) 80 ALJR 614; [2006] HCA 9 R v Birks (1990) 19 NSWLR 677; (1990) 48 A Crim R 385 TKWJ v The Queen (2002) 212 CLR 124; [2002] HCA 46 Category: Principal judgment Parties: Amin Mashayekhi (Applicant) The Crown (Respondent) Representation: Counsel:

S Traynor (Respondent)

Solicitors:

Amin Mashayekhi (Applicant) (In person) Solicitor for Public Prosecutions (NSW) (Respondent) File Number(s): 2015/115272 Publication restriction: N/A Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Criminal Date of Decision: 8 September 2017 Before: Frearson SC DCJ File Number(s): 2015/115272