Ghassan Khodr v R [2013] NSWCCA 221

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Ghassan Khodr v R [2013] NSWCCA 221 Hearing dates: 25 September 2013 Decision date: 25 September 2013 Before: Hoeben CJ at CL at [11] Bellew J [2] Barr AJ [10] Decision: 1. The notice of intention to appeal, and the appeal, are dismissed. Catchwords: APPEAL - failure to prosecute appeal - application by Crown for dismissal Category: Principal judgment Parties: Ghassan Khodr - Applicant Regina - Respondent Representation: No appearance - Applicant Ms S Herbert - Respondent S. Kavanagh, Solicitor for Public Prosecutions - Respondent File Number(s): 2005 / 4392

Judgment 1HOEBEN CJ at CL: I will ask Bellew J to deal with the application. 2BELLEW J: By notice of motion dated 10 September 2013 the Crown has made an application for an order dismissing a notice of intention to appeal lodged by the applicant, Ghassan Mustapha Khodr. That application is supported by an affidavit of Jonathan Andrew Michie affirmed on 10 September 2013. 3It is evident from the affidavit of Mr Michie that the applicant was sentenced by her Honour Judge Balla in the District Court on 24 March 2005 in relation to a number of matters. Her Honour imposed a total term of 12 years imprisonment commencing on 6 July 2002 and expiring on 30 June 2014 with a non-parole period which expired on 30 June 2011. The applicant was in fact released on parole on 30 June 2011. 4A notice of intention to appeal was filed on 18 April 2005. With various extensions having been granted it eventually expired on 22 April 2006. A further notice of intention to appeal was filed on 31 March 2011 which was some 5 years out of time. 5Between 6 October 2011 and 24 April 2013 the matter came before the registrar of this Court on more than 20 occasions. On some of those occasions the applicant appeared, on other occasions he did not. On some occasions before the registrar the applicant sought assistance from the court regarding the pro bono scheme and also sought assistance with the filing of submissions. 6On the evidence, the matter has not been prosecuted with any degree of diligence at all. 7A copy of the notice of motion was served on both the applicant and his parole officer in July this year and I am satisfied that the applicant is on notice of today's application. He has been called three times today without response. 8In my view there has been a complete lack of diligence on the part of the applicant in prosecuting his appeal. I therefore propose that the notice of intention to appeal filed by the applicant on 31 March 2011 be dismissed. 9HOEBEN CJ at CL: I agree. 10BARR AJ: I also agree. 11HOEBEN CJ at CL: The order of the court will be that the notice of intention to appeal, and the appeal, be dismissed.