R v Chien Wen Lu [2002] NSWCCA 114

New South Wales Court of Criminal Appeal

CITATION : R v Chien Wen Lu [2002] NSWCCA 114 FILE NUMBER(S) : CCA 60619/2000 HEARING DATE(S) : 1 June 2001 JUDGMENT DATE : 4 April 2002

PARTIES : Regina v Chien Wen Lu JUDGMENT OF : Dowd J at 1; Smart AJ at 6; Einfeld AJ at 98

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 99/11/0472 LOWER COURT JUDICIAL Latham DCJ OFFICER :

COUNSEL : (A) W P Brewer (R) M C Grogan SOLICITORS : (A) Gregory J Goold (R) S E O'Connor CATCHWORDS : Verdict reasonable and supported by evidence LEGISLATION CITED : Criminal Appeal Act 1912 Jones v The Queen (1997) 191 CLR 439 Gipp v The Queen (1998) 194 CLR 406 CASES CITED: Fleming v The Queen (1998) 197 CLR 250 Giam (1999) 104 A Crim R 416 R v Smith [2000] NSWCCA 468 DECISION : Extend the time within which Chien Wen Lu (aka Calvin Lu) may appeal. Appeal against conviction dismissed.

IN THE COURT OF CRIMINAL APPEAL

60619/00

DOWD J SMART AJ EINFELD AJ

Thursday, 4 April 2002 REGINA V CHIEN WEN LU (aka CALVIN LU)

JUDGMENT

1. DOWD J: I have read the judgment in draft form of Smart AJ. I agree with the orders proposed and His Honour's reasons.

2. As to the ground of appeal, that Her Honour, the Trial Judge erred in not giving a verdict by direction, I am of the view, that as Smart AJ has pointed out that the elements of the offence had been made out through the evidence of the complainant. The supporting evidence of Melanie Fang, although it was only able to partially corroborate the complainant's evidence, that corroboration was significant.