Chen v R [2013] NSWCCA 116

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Chen v R [2013] NSWCCA 116 Hearing dates: 29 November 2012 Decision date: 22 May 2013 Before: Hoeben JA at [1] Campbell J at [2] Button J at [3] Decision: (1) Leave to appeal granted. (2) Appeal dismissed. Catchwords: CRIMINAL LAW - application for leave to appeal against sentence - whether finding that the offence was deliberate was in error - whether approach to recklessness in Blackwell v R applied to reckless wounding offences - whether sentence was manifestly excessive - no patent or latent error established - appeal dismissed Legislation Cited: Crimes Act 1900 Crimes Amendment Act 2007 Crimes Amendment (Gang and Vehicle Related Offences) Act 2001 Crimes Amendment (Reckless Infliction of Harm) Act 2012 Crimes (Sentencing Procedure) Act 1999 Criminal Legislation Amendment Act 2007 Cases Cited: Blackwell v R [2011] NSWCCA 93; (2011) 81 NSWLR 119 Hanania v R [2012] NSWCCA 220 R v Coleman (1990) 19 NSWLR 467; (1990) 47 A Crim R 306 R v De Simoni [1981] HCA 31; (1981) 147 CLR 383 R v Kane [1974] VR 759 R v Smyth [1963] VR 737 Ryan v The Queen [1967] HCA 2; (1967) 121 CLR 205 Category: Principal judgment Parties: Siwen Chen (applicant) Crown (respondent) Representation: Counsel: J Laucis (applicant) J Dwyer (respondent) Solicitors: Ren Zhou Layers (applicant) Solicitor for Public Prosecutions (respondent) File Number(s): 2011/89410 Decision under appeal Jurisdiction: 9101 Date of Decision: 2012-03-23 00:00:00 Before: Frearson DCJ File Number(s): 11/89410