Chen v R [2015] NSWCCA 122

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Chen v R [2015] NSWCCA 122 Hearing dates: 23 March 2015 Decision date: 29 May 2015 Before: R A Hulme J at [1]; Davies J at [82]; Bellew J at [83] Decision: 1. Leave to appeal against conviction granted. 2. Appeal dismissed. 3. Leave to appeal against sentence refused. Catchwords: CRIMINAL LAW – appeal against conviction – obtaining a benefit by deception – attempt to obtain a benefit by deception – Criminal Code ss 134.2, 11.1 – whether trial judge erred in giving consciousness of guilt direction – potential for circular reasoning – consciousness of guilt direction not necessary – error established – no risk jury would engage in improper reasoning process – no substantial miscarriage of justice – appeal dismissed

CRIMINAL LAW – appeal against sentence – obtaining a benefit by deception – attempt to obtain a benefit by deception – whether error in assessment of objective seriousness – reference to involvement of innocent third parties – where offences part of an elaborate scheme of fraud – no error established – leave to appeal refused Legislation Cited: Crimes Act 1914 (Cth) s 16A(2) Criminal Appeal Act 1912 (NSW) Criminal Appeal Rules r 4 Criminal Code (Cth) ss 11.1, 134.2 Cases Cited: Edwards v The Queen [1993] HCA 63; 178 CLR 193 Gall v R; Gall v R [2015] NSWCCA 69 R v Lane (No 13) [2010] NSWSC 1540 R v Lane [2011] NSWCCA 157; 221 A Crim R 309 R v Laz [1998] 1 VR 453 R v Lucas (1981) 1 QB 720 R v Mercer (1993) 67 A Crim R 91 R v Sirillas [2006] VSCA 234 R v Wang, (Court of Criminal Appeal (NSW), 11 February 1994, unrep) R v Zheng (1995) 83 A Crim R 572 Category: Principal judgment Parties: Julian Chen (Applicant) Regina (Respondent) Representation: Counsel: Mr P Lange (Applicant) Mr C O'Donnell (Crown)