Application by Jack Chik Chen pursuant to Part 7 of the Crimes (Appeal and Review) Act 2001 (NSW) [2021] NSWSC 1024

Supreme Court New South Wales

Medium Neutral Citation: Application by Jack Chik Chen pursuant to Part 7 of the Crimes (Appeal and Review) Act 2001 (NSW) [2021] NSWSC 1024 Hearing dates: On the papers Date of orders: 16 August 2021 Decision date: 16 August 2021 Jurisdiction: Common Law Before: Johnson J Decision: 1. Pursuant to s.79(1)(b) Crimes (Appeal and Review) Act 2001 (NSW), the whole of the Applicant's case is referred to the Court of Criminal Appeal to be dealt with as an appeal against sentence. 2. The Applicant's case should be listed before the Registrar of the Court of Criminal Appeal for further direction as soon as reasonably practicable. Catchwords: CRIMINAL LAW – application for referral to Court of Criminal Appeal to be dealt with as sentence appeal – Part 7 of Crimes (Appeal and Review) Act 2001 (NSW) – conspiring to import commercial quantity of heroin – whether doubt or question as to mitigating circumstance – approach on sentence to utilitarian value of guilty plea – whether Xiao v R error – order for referral made Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW) Crimes Act 1914 (Cth) Criminal Appeal Act 1912 (NSW) Customs Act 1901 (Cth) Cases Cited: Application by Kang Min Bae pursuant to Part 7 of the Crimes (Appeal and Review) Act 2001 [2019] NSWSC 1413 Application by Matias Eduardo Cicero Olivares pursuant to Part 7 of the Crimes (Appeal and Review) Act 2001 (NSW) [2021] NSWSC 96 Bae v R [2020] NSWCCA 35 Lu v R; Huang v R [2021] NSWCCA 68 Olivares v R [2021] NSWCCA 126 R v Chen (2003) 138 A Crim R 433; [2003] NSWCCA 326 Small v R [2020] NSWCCA 216 Xiao v R (2018) 96 NSWLR 1; [2018] NSWCCA 4 Texts Cited: --- Category: Principal judgment Parties: Jack Chik Chen (Applicant) Regina (Respondent) Representation: Counsel: Mr TD Anderson (Applicant) Ms E Amparo, Solicitor (Respondent)