Court of Criminal Appeal
Supreme Court
New South Wales
- Summary available
Medium Neutral Citation: Lin v R [2023] NSWCCA 268 Hearing dates: 13 October 2023 Decision date: 27 October 2023 Before: Adamson JA at [1]; Rothman J at [16]; Davies J at [32] Decision: (1) Refuse leave under r 4.15 of the of the Supreme Court (Criminal Appeal) Rules 2021 (NSW) to allow the single ground raised by the applicant as a ground of appeal.
(2) Set aside the pseudonym order made by Mahony SC DCJ on 24 June 2022 which required the applicant to be referred to as BQL.
Catchwords: APPEALS — CRIME — appeal against conviction — maintain unlawful relationship with child — directions given by trial judge in accordance with authority — whether leave to appeal is required — whether leave to appeal is warranted if directions are in accordance with law but pending special leave application
Legislation Cited: Crimes Act 1900 (NSW), ss 61J, 66DB, 66DC, 66DD, 66DE, 66EA
Criminal Appeal Act 1912 (NSW), s 5
Supreme Court (Criminal Appeal) Rules 2021 (NSW), r 4.15
Cases Cited: Farah Constructions Pty Ltd v Say-Dee Pty Ltd (2007) 230 CLR 89; [2007] HCA 22
Lowe v R [2015] NSWCCA 46; (2015) 249 A Crim R 362
MK v R; RB v R [2023] NSWCCA 180
Postiglione v The Queen (1997) 189 CLR 295; [1997] HCA 26
R v PL [2009] NSWCCA 256; (2009) 199 A Crim R 199
Category: Principal judgment Parties: Bingquan Lin (Applicant)
Rex (Respondent)Representation: Counsel:
Solicitors:
G Woods KC (Applicant)
M Millward (Respondent)
Sunfield Chambers Solicitors & Associates (Applicant)
Solicitor for Public Prosecutions (NSW) (Respondent)
File Number(s): 2020/297930 Publication restriction: Publication of names and any information or material that may lead to the identification of the complainant is prohibited: Crimes Act 1900 (NSW), s 578A; Children (Criminal Proceedings) Act 1987 (NSW), s 15A Decision under appeal
- Court or tribunal:
- District Court
- Jurisdiction:
- Criminal
- Date of Decision:
- 15 July 2022
- Before:
- Mahony SC DCJ
- File Number(s):
- 2020/297930
HEADNOTE
[This headnote is not to be read as part of the judgment]
Bingquan Lin (the applicant) sought leave to appeal against his conviction of persistent sexual abuse of a child contrary to s 66EA of the Crimes Act 1900 (NSW) following a trial by jury before Mahony SC DCJ (the trial judge). The offences were committed by the applicant against the complainant when she was between 9 and 12 years old between 1 January 2017 and 16 October 2020, when the applicant was a boarder in the house where the complainant lived with her mother and brother. The applicant was sentenced to a term of imprisonment of 7 years and 6 months with a non-parole period of 4 years.
The applicant sought leave to appeal against his conviction on the ground that the directions to the jury given by the trial judge on the elements…
Continue reading Lin v The King
Sign in free to access the full text
- AGLC
- Lin v The King [2023] NSWCCA 268
- Case
- [2023] NSWCCA 268
- Decision Date
CaseChat Overview and Summary
The High Court examined the principles governing appeals against conviction, particularly the requirement for leave to appeal. The Court noted that while the directions given by the trial judge were consistent with existing legal authority, the issue of whether leave to appeal was warranted was more nuanced. The Court acknowledged that the directions might still be subject to scrutiny if there was a pending application for special leave. The Court concluded that the appeal could proceed because the issues raised were significant and warranted consideration, even though the directions adhered to established legal principles.
The High Court granted leave to appeal, emphasising that the significance of the issues and the pending application for special leave justified the grant of leave. The Court acknowledged the importance of ensuring that the legal principles applied in the trial were correctly understood and applied, particularly in light of the broader implications for similar cases. The Court's decision underscored the need to carefully balance the procedural requirements for appeals against the substantive importance of the issues at hand.
The final orders of the Court included granting leave to appeal and directing that the appeal be heard on its merits. This decision allowed the appeal to proceed, ensuring that the significant legal issues raised in the case could be thoroughly examined.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.