Application by Yu Hai Li pursuant to s 78 of the Crimes (Appeal and Review) Act 2001 (NSW) [2021] NSWSC 544

Supreme Court New South Wales

Medium Neutral Citation: Application by Yu Hai Li pursuant to s 78 of the Crimes (Appeal and Review) Act 2001 (NSW) [2021] NSWSC 544 Hearing dates: On written submissions Decision date: 18 May 2021 Jurisdiction: Common Law Before: N Adams J Decision: The application is refused. Catchwords: CRIMINAL LAW - application under s 78(1) of the Crimes (Appeal and Review) Act 2001 (NSW) ("the CAR Act") for an inquiry into the applicant's conviction – no doubt or question raised about the applicant's guilt Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW), ss 78, 79 Crimes Act 1900 (NSW), s 112 Criminal Appeal Act 1912 (NSW), s 5(1)(b) Drug Misuse and Trafficking Act 1985 (NSW), ss 25, 25A Evidence Act 1995 (NSW), s 138 Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), ss 9, 10, 47A Weapons Prohibition Act 1998 (NSW), s 7 Cases Cited: Application of Peter James Holland under s.78 Crimes (Appeal and Review) Act 2001 [2008] NSWSC 251 Bandao v R; Bruce v R [2018] NSWCCA 181 Clark v Attorney General of New South Wales [2020] NSWCA 70 Coco v The Queen (1994) 179 CLR 427; [1994] HCA 15 Director of Public Prosecutions (NSW) v Trudgett [2013] NSWSC 1607 Director of Public Prosecutions v Am [2006] NSWSC 348 Eastman v Director of Public Prosecutions (ACT) [2003] 214 CLR 318; [2003] HCA 28 Li v R [2019] NSWCCA 228 Li v The Queen [2020] HCASL 6 R v Xie (No 4) [2014] NSWSC 500 Sinkovich v Attorney General of New South Wales (2013) 85 NSWLR 783; [2013] NSWCA 383 Varley v Attorney General (NSW) (1987) 8 NSWLR 30 Category: Principal judgment Parties: Yu Hai Li (Applicant) Attorney General of New South Wales (Submissions in reply) Representation: Counsel: Self-represented (Applicant) Mr Peter Aitken instructed by Crown Solicitor's Office (Attorney General) File Number(s): 2020/00132440 Publication restriction: Nil