Ngo v The Queen

The case of *Ngo v The Queen* concerned an appeal to the High Court of Australia following a conviction for trafficking a commercial quantity of methylamphetamine. The appellant, Mr Ngo, was found guilty in the District Court of New South Wales and subsequently appealed to the Court of Criminal Appeal of New South Wales, which dismissed his appeal. The High Court then granted special leave to appeal.

The central legal issue before the High Court was whether the trial judge had erred in law by failing to direct the jury on the defence of duress. Specifically, the court had to consider whether there was sufficient evidence presented at trial to raise an issue of duress, thereby necessitating a direction to the jury on that defence.

The High Court, comprising French CJ and Keane J, analysed the evidence in relation to the elements of duress. Their Honours noted that for duress to be available as a defence, there must be evidence that the accused acted under an immediate threat of death or serious injury, and that a person of reasonable fortitude would have yielded to that threat. In this instance, the court found that the evidence did not establish the necessary immediacy or seriousness of the threat required to raise the defence of duress. Consequently, the trial judge was not obliged to direct the jury on this matter.

The appeal was dismissed.