Reported Decision: 199 A Crim R 419
New South Wales
Court of Criminal Appeal
CITATION: Li, Wing Cheong v R [2010] NSWCCA 40 HEARING DATE(S): 10/12/2009
JUDGMENT DATE:
8 March 2010JUDGMENT OF: Macfarlan JA at 1; Howie J at 2; Hall J at 2 DECISION: The appeal is dismissed. CATCHWORDS: CRIMINAL LAW - Conviction appeal - Money Laundering - EVIDENCE - whether telephone conversations between persons not charged with offence hearsay - whether evidence should have been excluded under s 137 of Evidence Act - SUMMING UP - whether directions as to use to be made of telephone calls adequate - PRACTICE AND PROCEDURE - whether Crown's address to jury prejudicial - SUMMING UP - whether Judge erred in directions given concerning Crown's address - whether directions on character adequate - PRACTICE AND PROCEDURE - whether misconduct bu jury caused miscarriage of justice - juror playing word game in court room LEGISLATION CITED: Judiciary Act (Cth) - s 78B
Criminal Code (Cth) - ss 135, 400.3(1), 400.3(4)
Evidence Act 1995 - ss 59(1), 135, 137
Jury Act 1977 - s 53A, 73A, Part 9
Criminal Appeal Rules - Rule 4CATEGORY: Principal judgment CASES CITED: Papakosmas v The Queen [1999] HCA 37; (1999) 1996 CLR 297
Walton v The Queen [1989] HCA 9; (1988-1989) CLR 283
Pollitt v The Queen [1992] HCA 35; (1992) 35; (1992) 174 CLR 558
Regina v Lee [1998] HCA 60; (1998) 195 CLR 594
Burrell v R [2007] NSWCCA 65
Cesan v The Queen [2008] HCA 52; (2008) 236 CLR 358TEXTS CITED: Criminal Trial Courts Bench Book PARTIES: Wing Cheong LI v Regina FILE NUMBER(S): CCA 2006/15258 COUNSEL: W Abraham QC - Crown
M M Ramage QC - AppellantSOLICITORS: Commonwealth Director of Public Prosecutions - Crown
Jeffreys & Associates - AppellantLOWER COURT JURISDICTION: District Court LOWER COURT FILE NUMBER(S): 2006/11/0479 LOWER COURT JUDICIAL OFFICER: GD Woods DCJ LOWER COURT DATE OF DECISION: 27/07/2008
2006/15258
MONDAY 8 MARCH 2010MACFARLAN JA
HOWIE J
HALL J
1 MACFARLAN JA: I agree with Howie and Hall JJ.
2 HOWIE and HALL JJ: This is an appeal against conviction, an application for leave to appeal against sentence and a Crown appeal against what is asserted to be the leniency of the sentence imposed. It was determined that the conviction appeal would only be dealt with at this hearing. This was because this Court, differently constituted, is presently reserved on the question of the application of recent legislation that purports to limit the discretion of the Court in determining a Crown appeal. Shortly before the hearing of the appeal the applicant issued notices under s 78B of the Judiciary Act (Cth) in relation to a constitutional challenge to that legislation. This meant that the hearing date would have to be vacated if the Crown appeal was to be heard. It was, therefore, considered that the most appropriate course was to proceed with the challenge…
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- AGLC
- Li v The Queen [2010] NSWCCA 40
- Case
- [2010] NSWCCA 40
- Decision Date
CaseChat Overview and Summary
The High Court found that the trial judge did not err in admitting the telephone conversations as evidence. The Court reasoned that these conversations were not hearsay as they were not being used to prove the truth of the matters asserted but rather to show the appellant's state of mind or knowledge. Regarding the summing up, the Court held that the judge's directions to the jury were adequate and that there was no error in the judge's handling of the Crown's address to the jury. The Court further found that the judge's directions concerning the character of the appellant were sufficient and that there was no miscarriage of justice due to the alleged misconduct of a juror. The Court dismissed the appeal, affirming the appellant's conviction.
Orders
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Background
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Evidence
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Decision
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Ratio Decidendi
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