Ly v R; Ngo v R [2021] NSWCCA 272

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Ly v R; Ngo v R [2021] NSWCCA 272 Hearing dates: 11 June 2021 Date of orders: 19 November 2021 Decision date: 19 November 2021 Before: Gleeson JA at [1] Beech-Jones J at [2] Cavanagh J at [138] Decision: In the appeal by Kevin Ly (2016/280833): (1) Grant leave to the Applicant to raise ground 1 of the Appeal; (2) Appeal allowed; (3) Set aside the convictions on the two counts of murder entered on 6 May 2019; (4) In lieu thereof, order that an acquittal be entered on both counts. In the appeal by Dung Thi Ngoc Ngo (2016/284407): (1) Grant leave to the Applicant to raise ground 1 of the Appeal; (2) Appeal allowed; (3) Set aside the convictions on the two counts of murder entered on 6 May 2019; (4) In lieu thereof, order that an acquittal be entered on both counts. Catchwords: CRIMINAL LAW – appeal against conviction – two counts of murder – alleged killing of methylamphetamine "cook" and his girlfriend for stealing drugs – Crown case implicating appellants depended on evidence of two Crown witnesses – whether verdicts unreasonable – assessment of credibility and reliability of Crown witnesses – discrepancies within and between evidence of two Crown witnesses – appeal upheld – convictions quashed Legislation Cited: Criminal Appeal Act 1912 Evidence Act 1995 Cases Cited: Pell v The Queen (2020) 268 CLR 123; [2020] HCA 12 R v Kevin Ly; R v Dung Thi Ngoc Ngo [2019] NSWSC 502 R v Murray (1987) 11 NSWLR 12 RD (a pseudonym) v R [2021] NSWCCA 94 Category: Principal judgment Parties: Kevin Ly (Applicant) Dung Thi Ngoc Ngo (Applicant) Regina (Respondent) Representation: Counsel: T Game SC, P Lange (Applicant Ly) K Averre (Applicant Ngo) K Jeffreys (Crown)