NSW Caselaw
Reported Decision : (2002) 133 A Crim R 547
New South Wales Court of Criminal Appeal
CITATION : REGINA v. NGUYEN [2002] NSWCCA 403 FILE NUMBER(S) : CCA No. 60145 of 2002 HEARING DATE(S) : Tuesday 1 October 2002 JUDGMENT DATE : 3 October 2002
PARTIES : REGINA v. Hoang Minh NGUYEN JUDGMENT OF : Meagher JA at 1; Sperling J at 2; Greg James J at 3
LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 01/11/0858 LOWER COURT JUDICIAL Dodd, DCJ. OFFICER :
COUNSEL : Crown: L.M.B. Lamprati App: P. Segal SOLICITORS : Crown: S.E. O'Connor App: Brock Partners CATCHWORDS : Criminal law - appeal - supply prohibited drug - possession of more than traffickable quantity - statutory deeming effect - statutory defence - possession for use other than supply - claimed own use - relevance and admissibility of evidence of cash and gold bars to rebut defence - content of summing up - special circumstances - role of trial judge. Drug Misuse & Trafficking Act 1985 LEGISLATION CITED : Criminal Appeal Act 1912 Evidence Act 1995 Criminal Appeal Rules Festa [2001] HCA 72 Lawrence (1981) 1 All ER 974 Chai [2002] HCA 12 CASES CITED: Williams (1990) 50 A. Crim. R. 213 Alford v. Magee (1952) 85 CLR 437 Sandford (1994) 33 NSWLR 172 Robinson (1991) 180 CLR 531 Simpson [2001] NSWCCA 534 DECISION : Appeal against conviction dismissed. Leave to appeal against sentence granted; appeal dismissed.
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