R v VONG, Cam Lam [2001] NSWCCA 20

New South Wales Court of Criminal Appeal

CITATION : R v VONG, Cam Lam [2001] NSWCCA 20 revised - 20/03/2001 FILE NUMBER(S) : CCA 60216/00 HEARING DATE(S) : 7 February 2001 JUDGMENT DATE : 7 February 2001

PARTIES : REGINA v Cam Lam VONG JUDGMENT OF : Giles JA at 1; James J at 4; Hulme J

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 98/11/0388 LOWER COURT JUDICIAL Latham DCJ OFFICER :

COUNSEL : L M B Lamprati - Crown T A Game SC - Appellant SOLICITORS : S E O'Connor - Crown Naomi Hamilton - Appellant CATCHWORDS : CONVICTION APPEAL - prejudicial material accidentally went to jury - Crown conceded - conviction quashed and new trial ordered. DECISION : Appeal is allowed. The convictions are quashed and a new trial ordered.

IN THE COURT OF CRIMINAL APPEAL CA 60216/00 DC 98/11/0388

GILES JA JAMES J HULME J

Wednesday 7 February 2001 REGINA v CAM LAM VONG

JUDGMENT

1 GILES JA: The appellant was found guilty on three charges to do with the supply of heroin. The Crown relied on telephone conversations which it said should be so understood as to establish the appellant's knowing involvement in the supply. A video of the execution of a search warrant on the appellant's premises was tendered and admitted and went with the jury for the jury's deliberations. It came to light after the verdicts were returned that the same video tape contained a video of the execution of a search warrant of the premises of a person from whom the heroin was alleged to have been obtained. On the video this person made admissions as to the possession of heroin and the discovery of the heroin was seen. 2 The appellant submitted, and the Crown agreed, that the accidental provision of this inadmissible and prejudicial material to the jury was an irregularity bringing unfairness to the trial and possibly affecting the verdicts. 3 We accept that this is so. The appeal is allowed. The convictions are quashed and we order a new trial.