Hashemi v R [2016] NSWCCA 229

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Hashemi v R [2016] NSWCCA 229 Hearing dates: 17 June 2016 Date of orders: 17 June 2016 Decision date: 18 October 2016 Before: Ward JA; Davies J; RS Hulme AJ Decision: 1. Time for filing the Notice of Appeal be extended pursuant to s 10(3) of the Criminal Appeal Act 1912 (NSW). 2. Appeal against conviction of the charge under s 93GA(1) of the Crimes Act 1900 (NSW) be allowed. 3. Leave to withdraw the plea of guilty be granted. 4. The conviction on the charge under s 93GA(1) of the Crimes Act 1900 (NSW) recorded in the District Court be quashed. 5. Remit the matter to the District Court for hearing de novo pursuant to s 12(2) of the Criminal Appeal Act 1912 (NSW) noting the acknowledgment by the applicant that he was an accessory after the fact to the present offence charged. Catchwords: CRIMINAL LAW – conviction appeal – discharge firearm at dwelling house – where applicant pleaded guilty on basis of incorrect legal advice – no evidence applicant had requisite intent for subject offence – Crown conceded error – matter remitted to District Court for hearing de novo Legislation Cited: Crimes Act 1900 (NSW), ss 93GA(1), 347 Crimes (Sentencing and Procedure) Act 1999 (NSW), s 12 Criminal Appeal Act 1912 (NSW), ss 7(2), 8A, 12(2) Cases Cited: R v SL [2004] NSWCCA 397 R v Wilkes [2001] NSWCCA 383 Tweeddale v Regina [2012] NSWCCA 99 Category: Principal judgment Parties: Fardini Hashemi (Applicant) Regina (Respondent) Representation: Counsel: P Little (Applicant) Ms V Lydiard (Respondent)