Ziha v R [2013] NSWCCA 27

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Ziha v R [2013] NSWCCA 27 Hearing dates: 23 November 2012 Decision date: 21 February 2013 Before: Macfarlan JA at [1] Fullerton J at [93] Campbell J at [94] Decision: (1) The time for the appellant to appeal against his conviction is extended to enable his purported appeal to be brought. (2) The appeal against conviction is dismissed. (3) Leave to appeal against sentence is refused. Catchwords: CRIMINAL LAW - murder charge - defence of substantial impairment of capacity by abnormality of mind - s 23A Crimes Act 1900 - no issue of principle

CRIMINAL LAW - murder charge - accused admitted to killing of estranged wife's lover - whether issue of provocation should have been left to jury - issue of provocation not raised by accused at trial - s 23 Crimes Act 1900 - whether ordinary person in position of appellant might have so far lost self-control as to have formed an intent to kill

CRIMINAL LAW - sentence appeal - murder - 18 year non-parole period with 6 year balance of term - leave to appeal refused Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Green v R [1997] HCA 50; 191 CLR 334 Johnson v R [1976] HCA 44; 136 CLR 619 Pollock v R [2010] HCA 35; 242 CLR 233 R v Whitworth [1989] 1 Qd R 437; 31 A Crim R 453 SKA v R [2011] HCA 13; 243 CLR 400 Stingel v R [1990] HCA 61; 171 CLR 312 at 332 Van Den Hoek v R [1986] HCA 76; 161 CLR 158 Category: Principal judgment Parties: Gabor Ziha (Appellant) Regina (Respondent) Representation: Counsel: In person (Appellant) R Herps (Respondent) Solicitors: In person (Appellant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2007/1954 Decision under appeal Jurisdiction: 9111 Citation: R v Gabor Ziha [2008] NSWSC 145 Date of Decision: 2008-02-29 00:00:00 Before: Barr J File Number(s): 2007/1954