Leung, Wong v The Queen

In *Leung, Wong v The Queen*, the High Court of Australia considered an appeal by the applicants against their convictions for conspiracy to import a commercial quantity of heroin. The applicants had been convicted in the Supreme Court of New South Wales following a trial.

The central legal issue before the High Court was whether the trial judge had erred in admitting certain evidence, specifically evidence of a confession made by a co-accused, Mr. Chan, which implicated the applicants. The applicants argued that this confession was inadmissible hearsay and that its admission prejudiced their defence, leading to a miscarriage of justice.

The High Court, comprising Gleeson CJ and Gaudron J, examined the principles governing the admissibility of confessions in joint criminal trials. Their Honours noted that while a confession by one accused is generally inadmissible against a co-accused as hearsay, exceptions can apply, particularly where the confession forms part of a common design or conspiracy. The Court considered whether the evidence established a sufficient common design between Mr. Chan and the applicants at the time the confession was made. The Court ultimately found that the admission of Mr. Chan's confession, in the circumstances of the trial, did not occasion a miscarriage of justice.

The appeal was dismissed.