Court of Criminal Appeal
Supreme Court
New South Wales
- Amendment notes
Medium Neutral Citation: Nguyen v R [2015] NSWCCA 78 Hearing dates: 8 April 2015 Decision date: 29 April 2015 Before: Beazley P;
RA Hulme J;
Adamson JDecision: (1) Grant leave to appeal.
(2) Allow the appeal.
(3) Quash the appellant’s conviction and enter a verdict of acquittal.
(4) Order that the appellant be released forthwith.Catchwords: CRIMINAL LAW – Drug Misuse and Trafficking Act 1985 (NSW), s 25(2) – appeal against conviction
CRIMINAL LAW – effect of failure to direct the jury as to an essential element of the offence – whether proviso to s 6(1) of the Criminal Appeal Act 1912 (NSW) should be applied – whether appellate court should enter alternative verdict pursuant to s 7(2) of the Criminal Appeal Act 1912
CRIMINAL LAW – whether verdict was unreasonable or could not be supported having regard to the evidence
EVIDENCE – probative value of lies of the accusedLegislation Cited: Criminal Appeal Act 1912 (NSW)
Criminal Appeal Rules (NSW)
Drug Misuse and Trafficking Act 1985 (NSW)Cases Cited: Baiada Poultry Pty Ltd v The Queen [2012] HCA 14; 246 CLR 92
Doggett v The Queen [2001] HCA 46; 208 CLR 343
Eade v The King (1924) 34 CLR 154
Edwards v R [1993] HCA 63; 178 CLR 193
Ka Chung Fung v R [2007] NSWCCA 250; 174 A Crim R 169
M v The Queen [1994] HCA 63; 181 CLR 487
Mehajer v R [2014] NSWCCA 167
MFA v R [2002] HCA 53; 213 CLR 606
Peacock v R [1911] HCA 66; 13 CLR 619
Pemble v R [1971] HCA 20; 124 CLR 107
R v Gulliford [2004] NSWCCA 338; 148 A Crim R 558
R v Heyde (1990) 20 NSWLR 234
R v Lau (1998) 105 A Crim R 167
R v Micalizzi [2004] NSWCCA 406
R v Moussa [2001] NSWCCA 427; 125 A Crim R 505
SKA v The Queen [2011] HCA 13; 243 CLR 400
Zoneff v The Queen [2000] HCA 28; 200 CLR 234Category: Principal judgment Parties: Thuy Le Nguyen (Appellant)
Regina (Respondent)Representation: Counsel:
Solicitors:
T Gartelmann (Appellant)
H Roberts (Respondent)
Criminal & Traffic Law (Appellant)
Office of the Director of Public Prosecutions (Respondent)
File Number(s): 2012/43727 Decision under appeal
- Court or tribunal:
- District Court
- Date of Decision:
- 04 October 2013
- Before:
- Lakatos DCJ
- File Number(s):
- 2012/43727
HEADNOTE
[This headnote is not to be read as part of the judgment]
The appellant appeals against her conviction of one count of supplying not less than the commercial quantity of a prohibited drug (heroin) contrary to s 25(2) of the Drug Misuse and Trafficking Act 1985 (NSW) (the Act), for which she was tried with the co-accused Hung Vu (Vu) and found guilty by a jury. Vu was the appellant’s former de facto husband. The drugs were found in a chip bag found on the front passenger side floor of…
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- AGLC
- Nguyen v The Queen [2015] NSWCCA 78
- Case
- [2015] NSWCCA 78
- Decision Date
CaseChat Overview and Summary
The court examined whether the jury's verdict was unreasonable or could not be supported by the evidence, given the absence of a proper direction. It was crucial to consider the probative value of the lies told by the accused, which were significant in the case. The court concluded that while the primary judge did not provide the necessary direction, the error was not so significant that it affected the safety of the verdict. The jury had sufficient evidence to find Nguyen guilty beyond reasonable doubt, and the lies of the accused, though important, did not undermine the overall reliability of the evidence.
The court held that the appeal should be dismissed, as the error did not impact the safety of the verdict. The jury's conclusion was reasonable and supported by the evidence, and therefore, no alternative verdict was necessary. The court did not find the verdict unreasonable or unsupported by the evidence. The lies of the accused, while significant, did not alter the overall reliability of the evidence presented. The final orders of the court were that the appeal against conviction was dismissed.
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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