NEW SOUTH WALES CRIMINAL COURT OF APPEAL
CITATION: Regina v Vinh LE [2000] NSWCCA 49 revised - 14/07/2000
FILE NUMBER(S):
60556/98
HEARING DATE(S): 25/11/99
JUDGMENT DATE: 07/03/2000
PARTIES:
Regina
Vinh LE
JUDGMENT OF: Sully J Hulme J Hidden J
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 96/21/3351
LOWER COURT JUDICIAL OFFICER: Tupman DCJ
COUNSEL:
R. Hulme - Crown
G. P. Craddock - Applicant
SOLICITORS:
S. E. O'Connor - Crown
T. A. Murphy - Applicant
CATCHWORDS:
LEGISLATION CITED:
Evidence Act 1995 (NSW)
Criminal Appeal Rules
DECISION:
Appeal dismissed
JUDGMENT:
IN THE COURT OF
CRIMINAL APPEAL
60556/98
SULLY J
HULME J
HIDDEN J
7 March 2000
REGINA v Vinh LE
JUDGMENT
SULLY J: On 12 August 1998 Mr. Vinh Le, [“the appellant”], was presented for trial, in the District Court at Campbelltown and before her Honour Judge Tupman, upon an indictment containing twelve counts. Counts 1, 2, 3, 4 and 5 alleged various offences against a common victim, a Mrs. HL. Counts 6, 7 and 10 alleged, similarly, offences committed against a common victim, namely Miss TP, the daughter of Mrs. HL. Counts 8, 9, 11 and 12, also, alleged various offences against a common victim, namely JP, the son of Mrs. HL.
The appellant pleaded not guilty to each count in the indictment. He was put, accordingly, upon his trial by her Honour and a jury. On 28 August 1998 the jury returned verdicts of not guilty to counts 4 and 5; and returned verdicts of guilty to each of the remaining eight counts in the indictment. On 11 December 1998 the appellant was sentenced to various terms of penal servitude. No present challenge is made to those sentences, and nothing more need now be said about them.
In order to consider properly certain in particular of the grounds of appeal, it is necessary to note the following details of the twelve counts in the indictment upon which the appellant was tried.
| Count | Offence | Alleged Date | Alleged Victim |
| 1 | Sexual intercourse without consent and with knowledge of no consent | Between 1 February 1996 and 29 February 1996 | HL |
| 2 | Assault | Between 1 February 1996 and 29 February 1996 | HL |
| 3 | Assault | Between 1 April 1996 and 31 May 1996 | HL |
| 4 | Assault | Between 1 May 1996 and 31 May 1996 | HL |
| 5 | Assault | Between 1 June 1996 and 30 June 1996 | HL |
| 6 | Assault with an act of indecency upon a person then under the age of 16 years, namely 12 years | Between 1 June 1996 and 30 June 1996 | TP |
| 7 | Sexual intercourse without consent and with knowledge of no consent, the alleged victim being a person then under the age of 16 years, namely 12 years | Between 1 June 1996 and 31 July 1996 | TP |
| 8 | Assault with an act of indecency upon a child then under the age of 10 years, namely 4 years. | Between 1 May 1996 and 30 June 1996 | JP |
| 9 | Assault | Between 1 July 1996 and 31 July 1996 | JP |
| 10 |
Continue reading R v Le
Sign in free to access the full text
- AGLC
- R v Le [2000] NSWCCA 49
- Case
- [2000] NSWCCA 49
- Decision Date
CaseChat Overview and Summary
The legal issue before the court was whether Dr. Mach's evidence was relevant under s.55 of the Evidence Act and if the trial judge correctly directed the jury on this evidence. The court had to consider whether the evidence, while not directly linking the appellant to the crime, could rationally affect the assessment of the probability of the existence of facts in issue, specifically the injuries claimed by Mrs. HL. Additionally, the court examined whether the lack of objection during the trial or any request for re-directions impacted the appellant's ability to challenge the admissibility of this evidence on appeal.
In examining the appellant's arguments, the court noted that no objection was made to Dr. Mach's evidence during the trial, and no re-directions were sought concerning the trial judge's instructions to the jury. The court found that Dr. Mach's evidence, although not conclusive, could be considered by the jury in assessing the credibility of Mrs. HL's claims. The trial judge had adequately directed the jury on the limitations of this evidence and its supportive role in corroborating Mrs. HL's account. Consequently, the court upheld the trial judge's decision to admit the evidence and found no error in the jury's consideration of it. The appeal was dismissed.
The court made no further orders, affirming the decision of the lower court.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Established by: HULME J
Full text does not contain this section.