Li v Attorney General for New South Wales

[2020] NSWCA 302

Court of Appeal

Supreme Court

New South Wales

Medium Neutral Citation:

Li v Attorney General for New South Wales [2020] NSWCA 302

Hearing dates:

22 September 2020

Decision date:

25 November 2020

Before:

Macfarlan JA at [1];
Meagher JA at [2];
McCallum JA at [61]

Decision:

(1) Extend the time for the applicant to file summons seeking judicial review.

(2) Dismiss the summons.

Catchwords:

ADMINISTRATIVE LAW – Where application for inquiry under Crimes (Appeal and Review) Act 2001 (NSW), Pt 7 dismissed – Whether decision to dismiss application involved error – Whether failure to consider arguments made in support of application – No question of principle

Legislation Cited:

Crimes (Appeal and Review) Act 2001 (NSW), ss 78, 79

Drug Misuse and Trafficking Act 1985 (NSW), s 25(2)

Supreme Court Act 1970 (NSW), s 69(4)

Cases Cited:

Buttrose v Attorney General for New South Wales [2015] NSWCA 221; (2015) 324 ALR 562

DNA17 v Minister for Immigration and Border Protection [2019] FCAFC 146

Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; (2003) 77 ALJR 1088

Filippou v R (2015) 256 CLR 47; [2015] HCA 29

Insurance Australia Ltd (t/as NRMA Insurance) v Milton [2016] NSWCA 156

Li v Attorney General for New South Wales [2018] NSWSC 674

Li v Attorney General for New South Wales (2019) 99 NSWLR 630; [2019] NSWCA 95

Li v R [2014] NSWCCA 341

Mato v R [2015] NSWCCA 328

Mulato v R [2006] NSWCCA 282

R v Olbrich (1999) 199 CLR 270; [1999] HCA 54

R v Tan [2006] VSC 177

R v Teng [2005] VSC 33

Sinkovich v Attorney General of New South Wales (2013) 85 NSWLR 783; [2013] NSWCA 383

Tanner v Western Australia [2013] WASCA 142

Yin v R [2019] NSWCCA 217

Category:

Principal judgment

Parties:

Patrick Lam Li (Applicant)
Attorney General for New South Wales (First Respondent)
Supreme Court of New South Wales (Second Respondent)

Representation:

Counsel:
Applicant self-represented
J S Caldwell (First Respondent)

Solicitors:
Applicant self-represented
Crown Solicitor’s Office (First Respondent)

File Number(s):

2020/166894

Publication restriction:

Nil

 Decision under appeal 

Court or tribunal:

Supreme Court

Jurisdiction:

Common Law Division

Citation:

[2020] NSWSC 59

Date of Decision:

13 February 2020

Before:

Button J

File Number(s):

2019/251207

HEADNOTE

[This headnote is not to be read as part of the judgment]

The applicant pleaded guilty and was sentenced in the NSW District Court for knowingly taking part in the supply of a large commercial quantity of a prohibited drug, having previously pleaded guilty to and been sentenced for a related offence in the County Court of Victoria. His second application for an inquiry into his NSW sentence under Crimes (Appeal and Review) Act 2001 (NSW) (CARA), s 78 was dismissed by Button J on the basis that the application did not raise the appearance of a doubt or question as to any mitigating circumstance in the applicant’s case on sentence. The applicant sought judicial review of that decision.

The central contention of his s 78…