Shi v R [2020] NSWCCA 258

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Shi v R [2020] NSWCCA 258 Hearing dates: 21 September 2020 Decision date: 07 October 2020 Before: Hoeben CJ at CL at [1]; Rothman J at [2]; N Adams J at [96 ] Decision: (1) Leave granted under r 4 of the Criminal Appeal Rules (NSW) to allow the arguing of this ground of appeal; (2) Leave to appeal granted; (3) Appeal dismissed. Catchwords: CRIME – Sentence Appeal – Direction on jury's care with comparison of handwriting – operation of Rule 4 – no error and no miscarriage Legislation Cited: Crimes Act 1900 (NSW), ss 38(a), 61I Criminal Appeal Rules (NSW), r 4 Evidence Act 1995 (NSW), ss 135, 165 Cases Cited: Collins v R [2006] NSWCCA 162 R v Doney (2001) 126 A Crim R 271; [2001] NSWCCA 463 Shepherd v The Queen (1990) 170 CLR 573; [1990] HCA 56 Category: Principal judgment Parties: Ling Shi (Applicant) Crown (Respondent) Representation: Counsel: T Ramrakha (Applicant) H Roberts (Respondent)

Solicitors: Legal Aid NSW (Applicant) Office of the Director of Public Prosecutions (NSW) (Respondent) File Number(s): 2017/00354203 Publication restriction: Pursuant to s 578A of the Crimes Act 1900 (NSW), publication of any matter which could identify the victim is prohibited. Decision under appeal Court or tribunal: Sydney District Court Jurisdiction: Crime Date of Decision: 17 May 2019 Before: Pickering SC DCJ File Number(s): 2017/00354203