NSW Caselaw
Reported Decision : 113 A Crim R 393
New South Wales Court of Criminal Appeal
CITATION : REGINA v TANG [2000] NSWCCA 219 FILE NUMBER(S) : CCA 60624/98 HEARING DATE(S) : 11 May 2000 JUDGMENT DATE : 13 June 2000
Regina
PARTIES : v
Joshua Li Chao Tang JUDGMENT OF : Grove J at 1; Ireland J at 16; Adams J at 82
LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 98/11/0198 LOWER COURT JUDICIAL Kirkham DCJ OFFICER :
COUNSEL : Mr R P Greenhill SC and E W Kelly (Applicant) Mr L M B Lamprati (Crown) SOLICITORS : Paul Kenny & Associates (Applicant) S E O'Connor (Crown) CATCHWORDS : Possession of heroin found in premises - whether premises jointly occupied - whether appellant had possession - effect of failure to mention other occupant on arrest - accused alleged he did mention, denied by police - whether jury can take omission into account - R v Petty & Maiden (1991) 173 CLR 95 distinguished LEGISLATION CITED : Drug Misuse and Trafficking Act, 1985 Evidence Act 1995 Petty v The Queen (1991) 173 CLR 95 RPS v The Queen [2000] 74 ALJR 449 R v Constantin Bejenaru (unreported NSWCCA 11 October 1991) CASES CITED: Filipetti (1984) 13 A Crim R 335 He Kaw Teh v The Queen (1985) 157 CLR 523 R v Solway (1984) 11 A Crim R 449 R v Tsoukalos (unreported, NSWCCA 7 December 1998) R v Tomazos (unreported NSWCCA 6 August 1971) DECISION : Appeal dismissed, by majority
IN THE COURT OF CRIMINAL APPEAL
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