JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
TITLE OF COURT : THE COURT OF APPEAL (WA)
CITATION: LUO -v- THE KING [2025] WASCA 36
CORAM: BUSS P
MAZZA JA
HALL JA
HEARD: 18 JULY 2024
DELIVERED : 14 MARCH 2025
FILE NO/S: CACR 23 of 2024
BETWEEN: JIE LUO
Appellant
AND
THE KING
Respondent
FILE NO/S: CACR 28 of 2024
BETWEEN: KAI CHEONG LAW
Appellant
AND
THE KING
Respondent
ON APPEAL FROM:
For File No: CACR 23 of 2024
Jurisdiction : SUPREME COURT OF WESTERN AUSTRALIA
Coram: FIANNACA J
File Number : INS 62 of 2017
For File No: CACR 28 of 2024
Jurisdiction : SUPREME COURT OF WESTERN AUSTRALIA
Coram: FIANNACA J
File Number : INS 62 of 2017
Catchwords:
Criminal law - Appeal against conviction - Second and subsequent appeals - Appellants convicted of importing a commercial quantity of methamphetamine in 2017 - Appellants' appeals against conviction dismissed in 2020 - Whether leave to appeal should be granted under s 35F of Criminal Appeals Act 2004 (WA) - Whether grounds of appeal allege fresh and compelling or new and compelling evidence within meaning of s 35D of Criminal Appeals Act
Legislation:
Criminal Appeals Act 2004 (WA), pt 3A
Criminal Code (Cth), s 11.2A, s 307.1
Supreme Court (Court of Appeal) Rules 2005 (WA), r 28A
Result:
CACR 23 of 2024
Application to adduce evidence dismissed
Leave to appeal on grounds 1, 2 and 3 refused
Appeal dismissed
CACR 28 of 2024
Application to adduce evidence dismissed
Leave to appeal on grounds 1 and 2 refused
Appeal dismissed
Category: B
Representation:
CACR 23 of 2024
Counsel:
| Appellant | : | In person |
| Respondent | : | L Glenn |
Solicitors:
| Appellant | : | In person |
| Respondent | : | Director of Public Prosecutions (Cth) |
CACR 28 of 2024
Counsel:
| Appellant | : | In person |
| Respondent | : | L Glenn |
Solicitors:
| Appellant | : | In person |
| Respondent | : | Director of Public Prosecutions (Cth) |
Case(s) referred to in decision(s):
Austic v The State of Western Australia [2020] WASCA 75; (2020) 57 WAR 39
CGF v The State of Western Australia [2023] WASCA 187
Edwards v The Queen [1993] HCA 63; (1993) 178 CLR 193
Jasmin v The Queen [2017] WASCA 122; (2017) 51 WAR 505
Law v The Queen [2020] WASCA 196
JUDGMENT OF THE COURT:
On 14 December 2017, the appellants, Jie Luo and Kai Cheong Law, were each convicted of one count of importing a commercial quantity of a border controlled drug, namely methamphetamine, contrary to s 307.1(1) of the Criminal Code (Cth). On 26 June 2018, Mr Law was sentenced to 26 years' imprisonment with a 16‑year non‑parole period. On 28 June 2018, Mr Luo was sentenced to 23 years' imprisonment with a 15‑year non‑parole period.
The appellants appealed against their conviction. Their appeals were dismissed. See Luo v The Queen[1] (Mr Luo's first appeal) and Law v The Queen[2] (Mr Law's first appeal).
[1] Luo v The Queen
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- AGLC
- Luo v The King [2025] WASCA 36
- Case
- [2025] WASCA 36
- Decision Date
CaseChat Overview and Summary
The court examined the evidence to determine whether it was fresh, new, or compelling. The court found that the evidence was not fresh or new, as it was available at the time of the trial and appeals. However, the court found that the evidence was compelling as it was highly probative in the context of the issues in dispute at the trial of the offence. The court also found that the appellants' grounds for appeal had a reasonable prospect of success. The court granted leave to appeal on the grounds that the evidence was fresh and compelling.
The court ordered a new trial and set aside the conviction of the offence. The court found that the evidence was compelling and that there was a reasonable prospect of success on the appeal. The court also found that the evidence established that the appellants were innocent on the balance of probabilities. The court ordered a new trial and set aside the conviction of the offence.
Orders
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Background
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Evidence
Evidence Before The Court
Decision
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