Haydar v R [2023] NSWCCA 213

Haydar v R [2023] NSWCCA 213

The trial judge was entitled to find, with reference to the psychiatric and eyewitness evidence, that the applicant's impaired capacity for self-control, though present, did not persist throughout the whole attack, and that the impairment was not so substantial as to warrant reduction from murder to manslaughter....

Source-derived case information.

Parties
Applicant: Haydar Haydar; Respondent: Crown
Jurisdiction
Australia
Judgment Date
30 August 2023
Procedural Posture
Criminal Appeal / Appeal Against Conviction, Application for Extension of Time and Leave to Appeal
Outcome
Appeal dismissed. Extension of time and leave to appeal granted.
Legal Topics
Appeal Against Conviction, Murder, Partial Defence of Substantial Impairment, Judge Alone Trial, Extension of Time, Manslaughter
Criminal Law Appeal Against Conviction Murder Partial Defence of Substantial Impairment Judge Alone Trial Extension of Time Manslaughter

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

Haydar Haydar

Applicant

Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction, Application for Extension of Time and Leave to Appeal

Legal Issues

  1. 1 Whether the finding that impaired self-control did not persist throughout the attack was correct
  2. 2 Whether the impairment was so substantial as to warrant reduction from murder to manslaughter under s 23A(1)(b) Crimes Act 1900 (NSW)
  3. 3 Whether a miscarriage of justice occurred in the evaluative value judgment of the trial judge

Ratio Decidendi

The trial judge was entitled to find, with reference to the psychiatric and eyewitness evidence, that the applicant's impaired capacity for self-control, though present, did not persist throughout the whole attack, and that the impairment was not so substantial as to warrant reduction from murder to manslaughter. There was no factual or legal error in this evaluative judgment, and therefore no miscarriage of justice was established.

Court Disposition

Appeal dismissed. Extension of time and leave to appeal granted.

Orders

  • Extend the time within which to appeal and grant leave to appeal.
  • Appeal dismissed.