Fazlilar v R [2023] NSWCCA 183

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Fazlilar v R [2023] NSWCCA 183 Hearing dates: 30 June 2023 Date of orders: 26 July 2023 Decision date: 26 July 2023 Before: Beech-Jones CJ at CL, Fagan J, R A Hulme AJ Decision: (1) Extend time for filing the application for leave to appeal up to 16 December 2022. (2) Leave to appeal granted. (3) Appeal dismissed. Catchwords: CRIME – appeals – appeal against conviction for murder – unreasonable verdict – where applicant fired a single gunshot into posterior aspect of the deceased's left upper thigh – whether the jury ought to have had a reasonable doubt that the act causing death was deliberate – whether the jury ought to have had a reasonable doubt that the act was accompanied by an intention to cause grievous bodily harm – appeal dismissed Legislation Cited: Criminal Appeal Act 1912 (NSW) Category: Principal judgment Parties: Hasan Fazlilar (Applicant) Rex (Respondent) Representation: Counsel: T Game SC & P Lange (Applicant) M Millward (Respondent)

Solicitors: Aquila Lawyers (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2015/00349430 Publication restriction: Nil Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Criminal Citation: R v Fazlilar [2018] NSWSC 1663 Date of Decision: 28 September 2018 Before: N Adams J File Number(s): 2015/00349430