Nguyen v The Queen

Case [2002] WASCA 181


NGUYEN -v- THE QUEEN [2002] WASCA 181



(2002) 26 WAR 59
SUPREME COURT OF WESTERN AUSTRALIACitation No:[2002] WASCA 181
COURT OF CRIMINAL APPEAL
Case No:CCA:53/200114 FEBRUARY 2002
Coram:MALCOLM CJ
ANDERSON J
STEYTLER J
27/06/02
51Judgment Part:1 of 1
Result: Appeal against conviction dismissed and application for leave to appeal against
sentence granted but appeal dismissed
A
PDF Version
Parties:HUY DUC NGUYEN
THE QUEEN

Catchwords:

Criminal law
Evidence
Identification
Voice recognition
Circumstantial evidence and evidence of intercepted telephone calls in Vietnamese language
Admissibility of evidence of interpreter that the voice of a person identified as "Huy" was heard on nine telephone calls of which six incriminated the appellant
Voice comparison based on interception of some 600 calls to and from the appellant's mobile telephone
Whether direction to the jury adequate
Criminal law and procedure
Sentencing
Drug importation
Appellant knowingly concerned in importation of heroin equivalent to 134.8 grams pure
Appellant also attempted to obtain possession after importation
Concurrent sentences of 12 years with parole not manifestly excessive

Legislation:

Customs Act 1901 (Cth), s 233B(1)(c), (d)

Case References:

Osland v The Queen [1998] HCA 316
HG v The Queen [1999] HCA 2
Ryan v The Queen (2001) 75 ALJR 815
Aconi v The Queen [2001] WASCA 211
Barker v The Queen [2002] WASCA 127
Bulejcik v The Queen (1995) 185 CLR 375
Bulejcik v The Queen (1996) 185 CLR 375
Clark v Ryan (1960) 103 CLR 486
Domican v The Queen (1992) 173 CLR 555
Farich v The Queen (1998) 72 ALJR 1292
Festa v The Queen [2001] HCA 72; (2001) 185 ALR 394
Milirrpum v Nabalco Ltd (1971) 17 FLR 141
Murphy v The Queen (1989) 167 CLR 94
Quach v R [1999] WASCA 210
R v Bonython (1984) 38 SASR 45
R v Brownlowe (1986) 7 NSWLR 461
R v Foster and D'Anna (1992) 59 A Crim R 14
R v Harris (No 3) [1990] VR 310
R v Leung (1999) 47 NSWLR 405
R v Leunig (1999) 47 NSWLR 405
R v Morgillo, unreported; SCt of NSW; 28 July 1992
R v Smith (1986) 7 NSWLR 444
R v Smith [1984] 1 NSWLR 462
R v Smith, Ashford and Schevella (1990) 50 A Crim R 434
R v Turner [1975] QB 834
Radebe v The Queen [2001] WASCA 254
Roser v The Queen (2001) 24 WAR 254
Ryan v The Queen [2001] HCA 21
Smith v The Queen (1990) 64 ALJR 588
The Queen v Olbrich (1999) 199 CLR 270

Nil

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : NGUYEN -v- THE QUEEN [2002] WASCA 181 CORAM : MALCOLM CJ
    ANDERSON J
    STEYTLER J
HEARD : 14 FEBRUARY 2002 DELIVERED : 27 JUNE 2002 FILE NO/S : CCA 53 of 2001
    CCA 73 of 2001
BETWEEN : HUY DUC NGUYEN
    Appellant

    AND

    THE QUEEN
    Respondent



Catchwords:

Criminal law - Evidence -…

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AGLC
Nguyen v The Queen [2002] WASCA 181
Case
[2002] WASCA 181
Decision Date

CaseChat Overview and Summary

In the case of Nguyen v The Queen, the appellant, Nguyen, faced charges related to drug importation and attempted possession after importation. The matter was heard in the High Court of Australia. The central issue before the court was the admissibility of voice recognition evidence, which was used to link the appellant to intercepted telephone calls. The court had to determine if the evidence provided by the interpreter that the voice of a person identified as "Huy" was heard on nine telephone calls, six of which implicated the appellant, was admissible and reliable.

The court examined whether the direction given to the jury regarding the voice recognition evidence was adequate. It also assessed the reliability of the evidence based on the comparison of the appellant's voice with intercepted calls, which amounted to around 600 calls in total. The court considered the context of the intercepted calls, which were in Vietnamese, and the interpreter's role in identifying the voice of the appellant. The reasoning of the court included a detailed analysis of the reliability and admissibility of voice recognition evidence, the weight of circumstantial evidence, and the adequacy of the jury direction.

The High Court concluded that the evidence was admissible and the direction to the jury was adequate. The court also found that the evidence, when considered in conjunction with other circumstantial evidence, was sufficient to support the appellant's conviction. The court further determined that the sentence imposed, concurrent terms of 12 years with parole, was not manifestly excessive given the nature and circumstances of the offence. Consequently, the appeal against the conviction was dismissed, and while leave to appeal against the sentence was granted, the appeal itself was ultimately dismissed.

Orders

Orders of the court

Appeal against conviction dismissed and application for leave to appeal against

sentence granted but appeal dismissed

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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