R v Mehajer (No. 2) [2023] NSWDC 151

District Court New South Wales

Medium Neutral Citation: R v Mehajer (No. 2) [2023] NSWDC 151 Hearing dates: 10 May 2023 Date of orders: 10 May 2023 Decision date: 10 May 2023 Jurisdiction: Criminal Before: Bennett SC DCJ Decision: 1) I am not persuaded that it is not in the interests of justice for this court to deal with the related offences 2) The application to remit the related offences for hearing in the Local Court is refused. Catchwords: CRIMINAL PROCEDURE — Back up and related offences — Procedures Legislation Cited: Crimes Act 1900 ​​​​​​​Crimes (Appeal and Review) Act 2001 Crimes (Domestic and Personal Violence) Act 2007 Criminal Appeal Act 1912 Criminal Procedure Act 1986 Supreme Court Act 1970 Cases Cited: Maroubra Rugby League Football Club Inc v Malo & Anor [2007] NSWCA 39 McDermott v Collien (1953) 87 CLR 154 R v Belghar [2012] NSWCCA 86 Category: Procedural rulings Parties: Rex (Crown) Salim Mehajer (Offender) Representation: Counsel: Ken Gilson (Crown Prosecutor) Salim Mehajer (Self-represented)

Solicitors: Director of Public Prosecutions (NSW) (Crown) File Number(s): 2020/00369490 & 2021/00016899 Publication restriction: Non-publication order over the identity of the complainant or of any information which may cause her identity to be ascertained

JUDGEMENT 1. On Monday 27 March 2023 the offender appeared for trial in the District Court, Sydney. After I granted the Crown leave to amend Count Seven in the indictment with the offender's consent, to accurately reflect the elements for that offence, he was arraigned and pleaded not guilty to each count. 2. The offender appeared unrepresented. He asked the court to stay the proceedings. I refused the application. [1] I suspended the trial pending determination of the Court of Criminal Appeal upon the relief he unsuccessfully sought there. The Court of Criminal Appeal directed there be no publication of the decision reached and as yet has not provided its reasons. 3. The jury were empanelled on 12 April 2023 and excused after preliminary steps until Tuesday 18 April 2023 to resume the trial subject to the decision in the Court of Criminal Appeal. The trial resumed on that date. The jury retired to consider their verdicts on Tuesday 9 May 2023. 4. On Wednesday 10 May 2023 the jury returned with verdicts of guilty to all counts except for Count Six, the alternative to Count Five, which was not required after the verdict of guilty for that count. 5. Thereafter the Crown brought to my attention the certificate pursuant to s 166 Criminal Procedure Act 1986 with related offences for determination after trial. After hearing submissions I announced that the application by the offender for the remission of those offences to the Local Court for determination was refused. These are my reasons.