Han v R [2012] NSWCCA 257

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Han v R [2012] NSWCCA 257 Hearing dates: 7 November 2012 Decision date: 05 December 2012 Before: McClellan CJ at CL at 1 Latham J at 2 Fullerton J at 54 Decision: 1. Appeal against conviction dismissed 2. Leave to appeal against sentence refused Catchwords: CRIMINAL LAW - appeal against conviction following plea of guilty - whether circumstances in which applicant came to enter plea caused a miscarriage of justice - whether plea based on erroneous set of agreed facts or misunderstanding as to agreed sentence - whether applicant understood true nature of charges - no miscarriage of justice - appeal dismissed

CRIMINAL LAW - sentence appeal - no suggestion of error or manifest excess - leave to appeal against sentence refused Legislation Cited: Criminal Code 1995 (Clth) Cases Cited: Ali v R [2008] NSWCCA 60 Clark v R [2012] NSWCCA 158 Ishac v R [2011] NSWCCA 107 R v Huang [2010] NSWCCA 68 R v Hura [2001] NSWCCA 61 R v Kheng [2001] NSWCCA 85 Category: Principal judgment Parties: Henley Han - (Applicant) Regina - (Respondent Crown) Representation: Counsel Self represented - (Applicant) C O'Donnell - (Respondent Crown) Solicitors Self Represented - (Applicant) Commonwealth Solicitor for Public Prosecutions - (Respondent Crown) File Number(s): 2009/62378 Decision under appeal Date of Decision: 2012-06-21 00:00:00 Before: Solomon DCJ File Number(s): 2009/62378