Application by Xiao Feng Wang pursuant to s. 78 of the Crimes (Appeal and Review) Act 2001 [2016] NSWSC 1670

Supreme Court New South Wales

Medium Neutral Citation: Application by Xiao Feng Wang pursuant to s. 78 of the Crimes (Appeal and Review) Act 2001 [2016] NSWSC 1670 Hearing dates: Written submissions Date of orders: 25 November 2016 Decision date: 25 November 2016 Jurisdiction: Common Law Before: Bellew J Decision: 1. The application brought by the applicant pursuant to s. 78 of the Crimes (Appeal and Review) Act 2001 (NSW) is granted.

2. The matter is referred to the Court of Criminal Appeal to be dealt with as an appeal under the Criminal Appeal Act 1912 (NSW). Catchwords: CRIMINAL LAW – Application under s. 78 of the Crimes (Appeal and Review) Act 2001 – Whether there appeared to be doubt or question as to a mitigating circumstance – Whether it appeared that a sentence imposed upon the applicant was infected by Muldrock error – Application granted – Matter referred to the Court of Criminal Appeal Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Appeal Act 1912 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Cases Cited: Application by Richard William Buttrose pursuant to s. 78 Crimes (Appeal and Review) Act 2001 [2014] NSWSC 826 Application by Xiao Feng Wang pursuant to s. 78 of the Crimes (Appeal and Review) Act 2001 [2014] NSWSC 825 Buttrose v Attorney-General of NSW (2015) 324 ALR 562; [2015] NSWCA 221 Muldrock v R (2011) 244 CLR 120; [2011] HCA 39 R v Way (2004) 60 NSWLR 168; [2004] NSWCCA 131 Xiao Feng Wang v R [2009] NSWCCA 223 Category: Principal judgment Parties: Xiao Feng Wang – Applicant Attorney General of NSW – Respondent Representation: Counsel: G Bashir SC and J Roy – Applicant L C Hutchinson – Respondent