R v Azaparti

The Court of Criminal Appeal of South Australia considered an appeal by the appellant, who had been convicted by a Judge of the District Court of aggravated serious criminal trespass in a place of residence, assault, aggravated causing harm with intent to cause harm, and theft. The appellant sought to appeal against his conviction on the first three of these counts. Permission to appeal was granted on 8 February 2016, and the appeal was heard on 17 March 2016, with judgment being reserved.

The central issue before the Court was the effect of the appellant's death in custody on 8 April 2016, which occurred after the appeal hearing but before judgment was delivered. The Court was required to determine whether the appeal should proceed, be dismissed, or be stayed, and what orders should be made in light of the appellant's demise.

The Court applied the principle that an appeal against conviction is a personal right that abates upon the death of the appellant. Consequently, the appeal was deemed to have been abandoned upon the appellant's death. The Court therefore made an order that the appeal be dismissed.