Zhou v R [2021] NSWCCA 278

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Zhou v R [2021] NSWCCA 278 Hearing dates: 19 November 2021 Date of orders: 19 November 2021 Decision date: 19 November 2021 Before: Beech-Jones CJ at CL at [1] Davies J at [30] Wilson J at [31] Decision: (1) The Appellant be granted leave to raise ground 1 of his notice of appeal. (2) The appeal be allowed. (3) The Appellant's conviction be quashed. (4) A new trial be ordered. (5) List the matter in the District Court Arraignments List at Campbelltown on 9 December 2021 at 9.30am Catchwords: CRIMINAL LAW – conviction appeal – elements of the offence – written directions to jury – question trail – no oral explanation of directions – miscarriage of justice – appeal allowed – new trial ordered Legislation Cited: Crimes Act 1900 Supreme Court (Criminal Appeal) Rules 2021 Jury Act 1977 Criminal Appeal Act 1912 Cases Cited: Trevascus v Regina [2021] NSWCCA 104 Willmont v R (1914) 10 Cr App R 173 Bourke (a pseudonym) v R [2021] NSWCCA 145 GBF v The Queen [2020] HCA 40; (2020) 94 ALJR 1037 Hofer v The Queen [2021] HCA 36 Edwards v The Queen [2021] HCA 28 Lee v The Queen (2014) 253 CLR 455 WX v The R [2020] NSWCCA 142 Category: Principal judgment Parties: Gui Zhou (Applicant) Regina (Respondent) Representation: Counsel: D Carroll; P Swaine (Applicant) E Wilkins SC (Crown)