Re Application by Dedeoglu [2022] NSWCCA 192

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Re Application by Dedeoglu [2022] NSWCCA 192 Hearing dates: On the papers Date of orders: 2 September 2022 Decision date: 02 September 2022 Before: Beech-Jones CJ at CL Decision: (1) The Registrar's decision is confirmed. (2) The Respondent is file and serve its submissions on or before 17 October 2022. Catchwords: CRIMINAL APPEAL – review of procedural decisions of Registrar – no question of principle Legislation Cited: Crimes Act 1900 (NSW) Criminal Appeal Act 1912 (NSW) Supreme Court (Criminal Appeal) Rules 2021 Cases Cited: Dedeoglu v R [2022] NSWCCA 74 Category: Procedural rulings Parties: Onur Dedeoglu (Applicant) Crown (Respondent) File Number(s): 2018/263370

JUDGMENT 1. By a letter dated 30 June 2022, Onur Dedeoglu seeks review under Rule 6.1 of the Supreme Court (Criminal Appeal) Rules 2021 (the "Rules") of various decisions of the Registrar of the Court of Criminal Appeal. The power to review such decisions can be exercised by a "Judge of the Supreme Court designated by the Chief Justice in the same manner as they may be exercised by the court, and subject to the same provisions" (Criminal Appeal Act 1912 (NSW), s 22(1)). The Chief Justice has designated all judges of the Common Law Division as having that power (and the other powers listed in s 22).

Background 1. Mr Dedeoglu was convicted on 20 February 2020, after a trial by jury, of two counts of indecent assault in contravention of s 61L of the Crimes Act 1900 (NSW) and one count of sexual intercourse without consent in contravention of s 61I. The offending of which he was found guilty involved an attack by Mr Dedeoglu, a driver for a ride-sharing service, upon a sleeping 17-year-old girl whom he had been retained to drive home. 2. On 7 April 2020, Judge Noman SC sentenced him to an aggregate term of imprisonment of 8 years and 6 months with a non‑parole period of 6 years to start from the day of his arrest, 2 April 2019. 3. On 7 April 2020, the day he was sentenced, Mr Dedeoglu filed a Notice of Intention to Appeal against conviction and sentence. 4. He sought and obtained an extension to that Notice on 6 November 2020 to 12 February 2021. On 8 February 2021, he was granted a further extension to 12 May 2021. 5. On 16 June 2021, Mr Dedeoglu filed a Notice of Application for Leave to Appeal. He re-filed that application for leave to appeal with further grounds and written submissions on 29 July 2021. 6. On 22 October 2021, he filed a bail application. On 8 April 2022, his application for bail was struck out for want of jurisdiction. This was so because his application for leave to appeal was filed outside the time allowed and there were thus no proceedings pending before the Court (Dedeoglu v R [2022] NSWCCA 74). 7. Mr Dedeoglu's application for leave to appeal and the appeal itself were originally listed for hearing on 25 March 2022. However, that date was vacated and the application was listed on 22 July 2022. That hearing date was also vacated. At present, his application for leave to appeal has been allocated a hearing on 14 November 2022.