Court of Criminal Appeal
Supreme Court
New South Wales
- Summary available
Medium Neutral Citation: Ly v R; Ngo v R [2021] NSWCCA 272 Hearing dates: 11 June 2021 Date of orders: 19 November 2021 Decision date: 19 November 2021 Before: Gleeson JA at [1]
Beech-Jones J at [2]
Cavanagh J at [138]Decision: In the appeal by Kevin Ly (2016/280833):
(1) Grant leave to the Applicant to raise ground 1 of the Appeal;
(2) Appeal allowed;
(3) Set aside the convictions on the two counts of murder entered on 6 May 2019;
(4) In lieu thereof, order that an acquittal be entered on both counts.
In the appeal by Dung Thi Ngoc Ngo (2016/284407):
(1) Grant leave to the Applicant to raise ground 1 of the Appeal;
(2) Appeal allowed;
(3) Set aside the convictions on the two counts of murder entered on 6 May 2019;
(4) In lieu thereof, order that an acquittal be entered on both counts.
Catchwords: CRIMINAL LAW – appeal against conviction – two counts of murder – alleged killing of methylamphetamine “cook” and his girlfriend for stealing drugs – Crown case implicating appellants depended on evidence of two Crown witnesses – whether verdicts unreasonable – assessment of credibility and reliability of Crown witnesses – discrepancies within and between evidence of two Crown witnesses – appeal upheld – convictions quashed
Legislation Cited: Criminal Appeal Act 1912
Evidence Act 1995
Cases Cited: Pell v The Queen (2020) 268 CLR 123; [2020] HCA 12
Category: Principal judgment Parties: Kevin Ly (Applicant)
Dung Thi Ngoc Ngo (Applicant)
Regina (Respondent)Representation: Counsel:
Solicitors:
T Game SC, P Lange (Applicant Ly)
K Averre (Applicant Ngo)
K Jeffreys (Crown)
Bannisters Lawyers (Applicant Ly)
Solis Lawyers (Applicant Ngo)
Solicitor for Public Prosecutions (Crown)
File Number(s): 2016/280833; 2016/284407 Decision under appeal
- Court or tribunal:
- Supreme Court
- Jurisdiction:
- Criminal
- Citation:
R v Ly & Ngo [2019] NSWSC 502
- Date of Decision:
- 6 May 2019
- Before:
- Bellew J
- File Number(s):
- 2016/280833
Judgment
-
GLEESON JA: Having independently reviewed the record of this trial, I am satisfied that the jury, acting rationally, ought to have entertained a reasonable doubt as to the guilt of each applicant. I agree with the orders proposed by Beech-Jones J, for the reasons given by his Honour.
-
BEECH-JONES J: Just before midnight on 10 April 2013, passers-by discovered the body of Mr Son Thanh Nguyen (“Sonny Nguyen” or “Nguyen”) dumped by the side of the road in Antwerp Street, Bankstown. [1] His hands were tied behind his back with cable ties. His neck had a ligature mark and the rest of his body showed other signs of strangulation. [2] His mouth was taped. [3] A post-mortem examination revealed that his body exhibited severe blunt force injuries especially in the head area. The cause of death was strangulation. [4]
1. Part A at [233ff].
2.…
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- Case
- [2021] NSWCCA 272
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Court was whether the jury could have reasonably relied on the evidence of the Crown witnesses to convict the appellants of murder. The Court had to assess the credibility of the witnesses, particularly in light of the discrepancies in their testimonies. The discrepancies included variations in the details of the events, the timeline of occurrences, and the roles attributed to the appellants by the witnesses. The Court was required to determine if these inconsistencies were so significant that they undermined the reliability of the evidence to the point where no reasonable jury could have convicted based on it.
The Court found that the discrepancies within and between the evidence of the two Crown witnesses were substantial and significant enough to cast doubt on the reliability of their testimonies. The inconsistencies in their accounts were not minor but rather fundamental to the core of their evidence. Consequently, the Court concluded that no reasonable jury could have convicted the appellants based on this evidence. The appeal was thus upheld, and the convictions were quashed. The Court ordered that the appellants be released unless re-tried within 180 days.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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