Haydar v R [2023] NSWCCA 213

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Haydar v R [2023] NSWCCA 213 Hearing dates: 16 August 2023 Decision date: 30 August 2023 Before: Leeming JA at [1]; N Adams J at [30]; Dhanji J at [31] Decision: 1. Extend the time within which to appeal and grant leave to appeal. 2. Appeal dismissed. Catchwords: CRIME – appeal against conviction – murder – judge-alone trial – whether partial defence of substantial impairment should have been upheld – whether impairment so substantial as to warrant liability for murder being reduced to manslaughter – whether factual error in one aspect of evaluative conclusion by judge – no error established Legislation Cited: Crimes Act 1900 (NSW), s 23A Criminal Appeal Act 1912 (NSW), s 6 Criminal Procedure Act 1986 (NSW), s 133 Cases Cited: Filippou v The Queen (2015) 256 CLR 47; [2015] HCA 29 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 R v Haydar (No 2) [2017] NSWSC 131 R v Haydar (No 3) [2017] NSWSC 159 Category: Principal judgment Parties: Haydar Haydar (Applicant) Crown (Respondent) Representation: Counsel: A Chhabra and A Payten (Applicant) E Nicholson (Respondent)

Solicitors: Hanna Legal (Applicant) Director of Public Prosecutions (Crown) File Number(s): 2015/00095041 Publication restriction: Nil Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Criminal Citation: [2017] NSWSC 159 Date of Decision: 31 March 2017 Before: Garling J File Number(s): 2015/00095041