Shi v R [2017] NSWCCA 126

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Shi v R [2017] NSWCCA 126 Hearing dates: On the papers Date of orders: 08 June 2017 Decision date: 08 June 2017 Before: Hoeben CJ at CL; Harrison J and Bellew J at [1] Decision: 1. Grant leave to appeal. 2. Allow the appeal. 3. Remit the proceedings to the District Court of New South Wales for sentence according to law. Catchwords: CRIMINAL LAW – appeal – application for leave to appeal against sentence – where sentencing proceedings miscarried due to a procedural irregularity – where appropriate that the applicant be sentenced in that Court according to law – matter remitted to the District Court for sentence Legislation Cited: Crimes Act 1914 (Cth) Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912 Criminal Code 1995 Customs Act 1901 Cases Cited: Betts v The Queen (2016) 90 ALJR 758; [2016] HCA 25 Burbridge v R [2016] NSWCCA 128 Payda v R [2013] NSWCCA 109 Category: Principal judgment Parties: Xiongjie Shi (Applicant) Regina (Respondent) Representation: Counsel: M C Ramage QC (Applicant) W Abraham QC with A Avery-Williams (Respondent)

Solicitors: Jeffreys Lawyers (Applicant) Commonwealth Director of Public Prosecutions (Respondent) File Number(s): 2013/237819 Publication restriction: Nil Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Criminal Date of Decision: 19 June 2015 Before: King SC DCJ File Number(s): 2013/237819