Shi v Attorney-General for New South Wales [2019] NSWSC 1686

Supreme Court New South Wales

Medium Neutral Citation: Shi v Attorney-General for New South Wales [2019] NSWSC 1686 Hearing dates: On the papers Date of orders: 29 November 2019 Decision date: 29 November 2019 Jurisdiction: Common Law Before: Davies J Decision: Pursuant to s 79(1)(b) of the Crimes (Appeal and Review) Act 2001 (NSW) the whole case is referred to the Court of Criminal Appeal to be dealt with as an appeal against sentence under the Criminal Appeal Act 1912 (NSW). Catchwords: CRIMINAL LAW – application to direct an inquiry or to refer case to the Court of Criminal Appeal pursuant to s 78 Crimes (Appeal and Review) Act 2001 – whether there appears to be a doubt or question as to sentence – applicant convicted and sentenced for one count of knowingly taking part in the supply of a large commercial quantity of a prohibited drug – applicant was one of four co-offenders – applicant submitted he has a justifiable sense of grievance in the light of a sentence subsequently imposed upon a co-offender – the difference in sentences gives rise to the appearance of a doubt or question – case referred to the Court of Criminal Appeal Legislation Cited: Criminal Appeal Act 1912 (NSW) Crimes (Appeal and Review) Act 2001 (NSW) ss 78, 79 Cases Cited: Application by Matthew Soames pursuant to s 78 Crimes (Appeal and Review) Act 2001 [2017] NSWSC 423 Application of Peter James Holland under s.78 Crimes (Appeal and Review) Act 2001 [2008] NSWSC 251 GAR v Attorney General of New South Wales (No 2) [2017] NSWCA 314 Lowe v R [2015] NSWCCA 46; (2015) 249 A Crim R 362 Texts Cited: Nil Category: Principal judgment Parties: Zi Pei Shi (Applicant) Attorney-General for New South Wales (Respondent) Representation: Counsel: G Smith SC (Applicant) S Climo (Respondent)