SUPREME COURT OF VICTORIA
COURT OF APPEAL
THE QUEEN
| v | |
| CUONG QUOC LAM – 1st Applicant | No 389 of 2005 |
| and | |
| HUNG TU VAN – 2nd Applicant | No 008 of 2006 |
| and | |
| LINH VAN NGUYEN – 3rd Applicant | No 009 of 2006 |
| and | |
| THANH NHA NGUYEN – 4th Applicant | No 001 of 2006 |
| and | |
| LONG THANH TRAN – 5th Applicant | No 392 of 2005 |
| and | |
| HONG BUI – 6th Applicant | No 002 of 2006 |
| and | |
| HOANG QUANG TRAN – 7th Applicant | No 390 of 2005 |
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JUDGES: | BUCHANAN, VINCENT and KELLAM JJA |
WHERE HELD: | MELBOURNE |
DATE OF HEARING: | 12, 13, 14 and 15 May 2008 |
DATE OF JUDGMENT: | 17 June 2008 |
MEDIUM NEUTRAL CITATION: | [2008] VSCA 109 |
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Criminal law – Murder – Separate trials – Judge’s directions sufficient to prevent misuse of evidence – Causation – Final injury did not break the chain of causation between death and earlier injuries which were substantial and operating causes of death – Consciousness of guilt – Availability of a lesser included crime did not preclude reliance on false denials to infer guilt – Directions of trial judge adequate – Aiding and abetting – Mere presence – Evidence incapable of supporting findings that accused intentionally encouraged the principals by their presence – Unsafe and unsatisfactory verdicts – Not open to the jury to be satisfied beyond reasonable doubt.
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| APPEARANCES: | Counsel | Solicitors |
| For the Crown | Mr CJ Ryan SC with Mr DA Trapnell | Ms A Cannon Solicitor for Public Prosecutions |
| For the First Applicant | Mr PF Tehan QC with Ms F L Dalziel | Michael Gleeson & Assocs |
| For the Second Applicant | Mr D A Dann | Haines & Polites |
| For the Third Applicant | Mr C B Boyce | Valos Black & Assocs |
| For the Fourth Applicant | Mr F R Gucciardo | Theo Magazis & Assocs |
| For the Fifth Applicant | Mr M J Croucher with Mr D A Glynn | Victoria Legal Aid |
| For the Sixth Applicant | Mr G F Meredith | Valos Black & Assocs |
| For the Seventh Applicant | Mr LC Carter | Robert Stary & Assocs |
BUCHANAN JA
VINCENT JA
KELLAM JA:
Introduction
In the early hours of Monday 8 July 2002, a fight broke out among a group of Vietnamese youths at the Salt nightclub in Daly Street, South Yarra, when Hung Van was assaulted by James Huynh, Viet Huynh, Nam Huynh and John Huynh and struck on the head by bottles. Other youths joined in the fight, which was stopped by bouncers.
Some of the protagonists had been involved in an earlier altercation. On Thursday, 4 July 2002, Nam and John Huynh participated in a fight with Hung Van and Cuong Lam and others at a nightclub in the Crown casino.
As a consequence of the fight in the Salt nightclub, the combatants were ejected. The succeeding events led to each of the applicants being charged with murder. Each of the applicants was charged with the murder of James Huynh (count 1). Cuong Lam and Hung Van were also…
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- AGLC
- R v Lam [2008] VSCA 109
- Case
- [2008] VSCA 109
- Decision Date
CaseChat Overview and Summary
The legal issues revolved around whether the judge’s directions were adequate in guiding the jury on the substantial and operating causes of death, and if the evidence supported the inference of guilt from the accused's false denials. The court also considered whether the presence of the accused at the scene was sufficient to constitute aiding and abetting, and if the verdicts reached by the jury were safe and satisfactory given the evidence. The court's analysis involved a detailed examination of the trial judge's directions and the applicability of legal principles to the facts of the case, ensuring that the jury was properly informed about the standards of proof and the implications of the evidence presented.
The court found that the trial judge's directions were sufficient to prevent any misuse of evidence that could lead to an unfair conviction. The judge had clearly instructed the jury on the necessity of establishing causation and the role of the accused’s actions in contributing to the death. The court held that the accused’s false denials, coupled with the other evidence, could reasonably lead the jury to infer guilt. Furthermore, the court concluded that the evidence did not support a finding that the accused intentionally encouraged the principals through mere presence. The verdicts were deemed unsafe and unsatisfactory because the jury had not been properly guided on the standards of proof required to reach a conviction beyond reasonable doubt.
The final orders of the court were that the appeal against conviction was upheld, and a new trial was ordered. The court set aside the convictions and ordered that the accused be retried on the charges of murder. The findings on the adequacy of the judge’s directions and the sufficiency of the evidence to support the verdicts were central to the court’s decision, leading to the conclusion that the convictions could not stand.
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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