Jin v Regina [2006] NSWCCA 198

New South Wales Court of Criminal Appeal

CITATION: Jin v Regina [2006] NSWCCA 198

HEARING DATE(S): 13/06/2006

JUDGMENT DATE: 28 June 2006

JUDGMENT OF: Grove J at 1; Hidden J at 2; Kirby J at 19

DECISION: Appeal dismissed

CATCHWORDS: CRIMINAL LAW: - appeal against conviction - two charges of obtaining money by deception - various complaints about conduct of the trial - criticisms of the evidence - no question of principle

CASES CITED: Black v The Queen (1993) 179 CLR 44

PARTIES: Ming Jin (appellant) Regina (respondent

FILE NUMBER(S): CCA 2006/537

COUNSEL: Appellant in Person Ms Woodburne (Crown)

SOLICITORS: Appellant in Person S Kavanagh (respondent)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 04/11/0405

LOWER COURT JUDICIAL OFFICER: Herron ADCJ

LOWER COURT DATE OF DECISION: 19/11/2004 (jury verdict); 18/02/2005 (sentenced).

IN THE COURT OF CRIMINAL APPEAL 2006/537

GROVE J HIDDEN J KIRBY J

Wednesday 28 June 2006 Ming JIN v REGINA Judgment 1 GROVE J: I agree with Hidden J. 2 HIDDEN J: The appellant, Ming Jin, appeals against his conviction of two counts of dishonestly obtaining money by deception after a trial in the District Court. He was sentenced to terms of imprisonment aggregating three years, with a non-parole period of one year and nine months, to date from 3 October 2004. He notified an application for leave to appeal against sentence, but he abandoned it at the hearing. No doubt, this is because he is due for release on parole very soon, on 2 July 2006. 3 He was legally represented at the trial but he has prepared and argued his appeal without representation. His notice of appeal was lodged almost a year out of time, but the Crown raised no objection on that account.