Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Li v R [2019] NSWCCA 228 Hearing dates: 28 August 2019 Decision date: 27 September 2019 Before: Gleeson JA at [1]
Johnson J at [127]
Fagan J at [128]Decision: (1) Extend the time for filing of the notice of application for leave to appeal to 29 March 2019.
(2) Refuse leave to appeal against conviction.Catchwords: CRIME – appeals – leave to appeal against conviction – supply large commercial quantity of prohibited drug and possess prohibited weapon – where applicant’s counsel did not object to summing up or directions at trial – whether trial judge erroneously confined applicant’s evidence on possession as relevant to the Carey defence – whether directions on joint possession misled the jury – whether the applicant’s case on possession fairly put to the jury in the summing up and directions Legislation Cited: Criminal Appeal Act 1912 (NSW), s 5(1)(b)
Criminal Appeal Rules (NSW), r 4
Drug Misuse and Trafficking Act 1985 (NSW), ss 3, 25A, 25, 29, 33
Weapons Prohibition Act 1998 (NSW), s 7(1)Cases Cited: A2 v R; Magennis v R; Vaziri v R [2018] NSWCCA 174
AP v R [2013] NSWCCA 189
Aravena v R (2015) 91 NSWLR 258; [2015] NSWCCA 288
Baini v The Queen (2012) 246 CLR 469; [2012] HCA 59
Castle v The Queen (2016) 259 CLR 449; [2016] HCA 46
Dixon v R [2017] NSWCCA 299
Filippou v The Queen (2105) 256 CLR 47; [2015] HCA 29
Odisho v R [2018] NSWCCA 19; (2018) 271 A Crim R 325
Papakosmas v The Queen (1999) 196 CLR 297; [1999] HCA 37
R v Carey (1990) 20 NSWLR 292
R v ITA [2003] NSWCCA 174; (2003) 139 A Crim R 340
Roach v R [2019] NSWCCA 160
Roos v R [2019] NSWCCA 67
RPS v The Queen (2000) 199 CLR 620; [2000] HCA 3Category: Principal judgment Parties: Yu Hai Li (Applicant)
Director of Public Prosecutions (NSW) (Respondent)Representation: Counsel:
Solicitors:
Mr T Game SC / Ms A Francis (Applicant)
Ms B Baker (Respondent)
Bannisters Lawyers (Applicant)
Director of Public Prosecutions (NSW) (Respondent)
File Number(s): 2014/197409 Decision under appeal
- Court or tribunal:
- District Court of New South Wales
- Jurisdiction:
- Criminal
- Date of Decision:
- 19 May 2017
- Before:
- Herbert DCJ
- File Number(s):
- 2014/197409
Judgment
-
GLEESON JA: Following a 32-day trial in the District Court at Parramatta before Herbert DCJ and a jury of twelve, the applicant, Mrs Yu Hai Li, was found guilty of the following charges:
1. On 3 July 2014, at Parramatta in the State of New South Wales, did supply a prohibited drug, namely, 3,784.9g of methylamphetamine, being an amount not less than a large commercial quantity applicable to that drug.
Section 25(2), Drug Misuse and Trafficking Act 1985 (NSW) (the DMTA Act).
2. On 3 July 2014 at Parramatta in the State of New South Wales, did possess a prohibited weapon, namely, a hand-held device that is…
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- AGLC
- Li v The Queen [2019] NSWCCA 228
- Case
- [2019] NSWCCA 228
- Decision Date
CaseChat Overview and Summary
The court considered whether the trial judge had constrained the applicant's evidence on possession to the Carey defence, potentially limiting its scope. The court also examined whether the trial judge's directions on joint possession had led the jury to an incorrect understanding of the law. Additionally, the court scrutinised whether the applicant's case on possession was fairly put to the jury in the summing up and directions, notwithstanding the applicant's counsel's failure to object. The court concluded that the trial judge had not confined the applicant's evidence to the Carey defence, that the directions on joint possession were not misleading, and that the applicant's case on possession had been fairly presented to the jury.
After careful consideration of the issues, the court found that the applicant's counsel's failure to object to the summing up or directions at trial did not preclude the raising of these issues on appeal. The court held that the trial judge had not erroneously confined the applicant's evidence on possession to the Carey defence, that the directions on joint possession were not misleading, and that the applicant's case on possession had been fairly presented to the jury. Consequently, the court found that the applicant's appeal should be dismissed. The court determined that the applicant's failure to object at trial did not result in a miscarriage of justice and that the applicant's arguments on appeal were without merit.
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Background
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Evidence
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