Dezfouli v R [2007] NSWCCA 86

New South Wales Court of Criminal Appeal

CITATION: Dezfouli v R [2007] NSWCCA 86

HEARING DATE(S): 5/3/07

JUDGMENT DATE: 12 April 2007

JUDGMENT OF: McClellan CJ at CL at 1; Bell J at 2; Price J at 58

DECISION: 1. Extend the time in which to file the notice of appeal to 10 March 2005; 2. Dismiss the appeal.

Criminal Appeal Act 1912 LEGISLATION CITED: Criminal Procedure Act 1986 Mental Health (Criminal Procedure) Act 1990

R v Foy (1922) 39 WN (NSW) 20 R v Greig (1996) 89 A Crim R 254 CASES CITED: R v Logan [2004] NSWCCA 101 R v Presser [1958] VR 45 R v Riddell [2003] NSWCCA 251 R v Williams [2004] NSWCCA 224

PARTIES: Saeed Sayaf Dezfouli (Appellant) Regina (Respondent)

FILE NUMBER(S): CCA 2005/747

COUNSEL: In Person (Appellant) Ms D Woodburne (Crown)

SOLICITORS: In Person (Appellant) S Kavanagh (Respondent)

LOWER COURT JURISDICTION: Supreme Court

LOWER COURT FILE NUMBER(S): 70059/02

LOWER COURT JUDICIAL OFFICER: Buddin J

IN THE COURT OF CRIMINAL APPEAL 2005/747 CCAP

McCLELLAN CJ at CL BELL J PRICE J

Thursday 12 April 2007 Saeed Sayaf Dezfouli v R Judgment

1 McCLELLAN CJ at CL: I agree with Bell J.

Introduction 2 BELL J: Saeed Sayaf Dezfouli appeals against special verdicts returned by a jury following a special hearing conducted pursuant to s 21 of the Mental Health (Criminal Procedure) Act 1990 (the Act). The jury found that he was (i) not guilty of manslaughter by reason of mental illness and (ii) not guilty of maliciously damage property by fire by reason of mental illness. 3 The verdicts were returned on 19 March 2004. The notice of appeal is dated 10 March 2005. The appellant seeks an extension of time in which to bring the appeal. He appeared in person on the hearing of his application. The Crown did not oppose the extension of time. I consider that the extension should be granted. 4 The events that are the subject of both charges occurred on 18 January 2002. The appellant was found to have deliberately set a fire in the offices of the Community Relations Commission (the Commission) at Ashfield, and thereby to have caused the death of Radmila Domonkos and extensive damage to the premises. 5 On the day of these events the appellant was charged with the murder of the deceased and with maliciously damaging property by fire with intent to endanger life. Proceedings under the Mental Health (Criminal Proceedings) Act 1990