Further Application by Gil Bum Yun Pursuant to s.78 Crimes (Appeal and Review) Act 2001 [2017] NSWSC 825

Supreme Court New South Wales

Medium Neutral Citation: Further Application by Gil Bum Yun Pursuant to s.78 Crimes (Appeal and Review) Act 2001 [2017] NSWSC 825 Hearing dates: On the papers Decision date: 27 June 2017 Jurisdiction: Common Law - Criminal Before: Johnson J Decision: Whole case referred to the Court of Criminal Appeal to be dealt with as an appeal against sentence under the Criminal Appeal Act 1912. Catchwords: CRIMINAL LAW - application for referral to Court of Criminal Appeal under s.78 Crimes (Appeal and Review) Act 2001 - murder - whether appearance of doubt or question as to sentence - claim of Muldrock error - consideration of low threshold for referral under s.79(2) - concession by Respondent that referral should be made - referral made to Court of Criminal Appeal Legislation Cited: Crimes (Appeal and Review) Act 2001 Crimes Act 1900 Crimes Amendment (Review of Convictions and Sentences) Act 1996 Crimes Legislation (Review of Convictions) Amendment Act 1993 Criminal Appeal Act 1912 Cases Cited: Achurch v The Queen (2014) 253 CLR 141; [2014] HCA 10 Application by Gil Bum Yun pursuant to s.78 Crimes (Appeal and Review) Act 2001 [2014] NSWSC 824 Application of Pearson (1999) 46 NSWLR 148; [1999] NSWSC 143 Application Pursuant to s.474D Crimes Act 1900 by James William Shepherd (Barr J, unreported, 13 September 1996) Buttrose v Attorney-General of New South Wales (2015) 324 ALR 562; [2015] NSWCA 221 Carlton v R [2014] NSWCCA 14 Cornall v AB (A Solicitor) [1995] 1 VR 372 Davis v R [2015] NSWCCA 90 Further Application of Buttrose pursuant to s.78 Crimes (Appeal and Review) Act 2001 [2015] NSWSC 1851 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39 R v Way (2004) 60 NSWLR 168; [2004] NSWCCA 131 R v Yun [2006] NSWSC 258 Sinkovich v Attorney-General of New South Wales (2013) 85 NSWLR 783; [2013] NSWCA 383 Yun v R (2008) 185 A Crim 58; [2008] NSWCCA 114 Texts Cited: --- Category: Principal judgment Parties: Gil Bum Yun (Applicant) Attorney General for New South Wales (Respondent) Representation: Counsel: Ms GA Bashir SC; Ms JL Roy (Applicant) Mr C McGorey (Respondent)