Lin v R [2023] NSWCCA 268

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Lin v R [2023] NSWCCA 268 Hearing dates: 13 October 2023 Decision date: 27 October 2023 Before: Adamson JA at [1]; Rothman J at [16]; Davies J at [32] Decision: (1) Refuse leave under r 4.15 of the of the Supreme Court (Criminal Appeal) Rules 2021 (NSW) to allow the single ground raised by the applicant as a ground of appeal. (2) Set aside the pseudonym order made by Mahony SC DCJ on 24 June 2022 which required the applicant to be referred to as BQL. Catchwords: APPEALS — CRIME — appeal against conviction — maintain unlawful relationship with child — directions given by trial judge in accordance with authority — whether leave to appeal is required — whether leave to appeal is warranted if directions are in accordance with law but pending special leave application Legislation Cited: Crimes Act 1900 (NSW), ss 61J, 66DB, 66DC, 66DD, 66DE, 66EA Criminal Appeal Act 1912 (NSW), s 5 Supreme Court (Criminal Appeal) Rules 2021 (NSW), r 4.15 Cases Cited: Farah Constructions Pty Ltd v Say-Dee Pty Ltd (2007) 230 CLR 89; [2007] HCA 22 Gould v R [2023] NSWCCA 103 Lowe v R [2015] NSWCCA 46; (2015) 249 A Crim R 362 MK v R; RB v R [2023] NSWCCA 180 Postiglione v The Queen (1997) 189 CLR 295; [1997] HCA 26 R v PL [2009] NSWCCA 256; (2009) 199 A Crim R 199 R v RB [2022] NSWCCA 142 RW v R [2023] NSWCCA 2 Category: Principal judgment Parties: Bingquan Lin (Applicant) Rex (Respondent) Representation: Counsel: G Woods KC (Applicant) M Millward (Respondent)