R v Li

[2020] NSWDC 726

District Court

New South Wales

Medium Neutral Citation:

R v Li [2020] NSWDC 726

Hearing dates:

20/11/20, 24/11/20

Date of orders:

24/11/20

Decision date:

24 November 2020

Jurisdiction:

Criminal

Before:

Bourke SC DCJ

Decision:

1. I grant leave pursuant to s.12(1) to bring the appeal against conviction in the Local Court.

2.   Pursuant to s.20(1)(c) - I set aside the convictions and penalties imposed, and I remit the proceedings to the Local Court for redetermination.

3. Adjourned for mention at Penrith Local Court on 1/12/20.

Catchwords:

Crime – Appeal against convictions after guilty pleas in Local Court

Legislation Cited:

Crimes (Appeal and Review) Act 2001

Criminal Procedure Act 1986

Cases Cited:

Ishac v R [2011] NSWCCA 117

R v Kouroumalos [2000] NSWCCA 453

R v Van [2002] NSWCCA 148

Category:

Procedural and other rulings

Parties:

NSW DPP – Crown
Hua Li - Appellant

Representation:

Ms J McWhirter for Crown
Mr F Awada for Appellant

File Number(s):

19/368006, 20/49498

Publication restriction:

None

Judgment

1. On 24/8/20, the appellant Ms Li was convicted in the Local Court of 3 offences.

2. One of the offences was that of fail to appear at Court on 4 February 2020.

3. The other 2 offences arose out of a relationship which existed at one time between the appellant and a man named Norman Reid. The first of those offences relates to an alleged assault on Mr Reid’s wife on 11/11/18, when the appellant allegedly attended the residence of Mr Reid and his wife, and assaulted Mrs Reid when she opened the door. The second offence is alleged to have occurred on 14/2/19, when the appellant was at Mr Reid’s residence, and Mrs Reid (who it appears was not living at that address at that time) attended the address. On this occasion it is alleged that the appellant breached an Apprehended Domestic Violence Order that was in place, which had been granted after the alleged assault of 11/11/18.

4. On 24/8/20, the appellant was represented by a solicitor, who entered pleas of guilty on her behalf to all 3 offences. The magistrate imposed a conviction in each case and a fine for 2 of the offences.

5. On 17/9/20, a Notice of Appeal to this Court was filed on her behalf, which asserted that the appellant is not guilty of the offences and also that the penalties imposed in each case are too severe.

6. However on 22/10/20, a Notice of Motion was filed, seeking leave to withdraw the appellant’s previous pleas of guilty, and orders setting aside the convictions and remitting the charges to the Local Court for re-determination.

7. The appellant has sworn an affidavit in which she says that from the beginning of the matters, her intention was to plead not guilty.

8. In relation to the charge of assault said to have occurred on 11/11/18, I note that the appellant was not charged until 7/10/19. That charge first came before the Local Court on 22/11/19, when a Registrar granted “leave to file unserved CAN” and directed that an arrest warrant…