R v Lim & Yeung [2002] NSWCCA 293

New South Wales Court of Criminal Appeal

CITATION : R v Lim & Yeung [2002] NSWCCA 293 FILE NUMBER(S) : CCA 60646/01; 60876/01 HEARING DATE(S) : 13 June 2002 JUDGMENT DATE : 30 July 2002

Cheong Boon Lim - Appellant PARTIES : Chi Wai Yeung - Appellant Crown - Respondent JUDGMENT OF : Spigelman CJ at 1; O'Keefe J at 2; Simpson J at 3

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 01/11/0507 01/11/0566 LOWER COURT JUDICIAL Backhouse DCJ OFFICER :

MC Ramage QC - Lim (Appellant) COUNSEL : SJ Odgers SC - Yeung (Appellant) M Allnutt - Crown Naomi Hamilton - Lim (Appellant) SOLICITORS : Nyman Gibson & Co - Yeung (Appellant) Cth DPP - Respondent CATCHWORDS : appeals against conviction - possession of not less than commercial quantity of prohibited imports - evidence of intercepted telephone calls to which appellants were not party - admissibility of statements made by participants to joint criminal enterprise against other alleged participants - reasonable evidence of pre-concert - prejudicial value of evidence vis-a-vis probative value - not tendency evidence - verdicts not unsafe and unsatisfactory - conversations in furtherance of conspiracy - application for leave to appeal against sentence - error in finding judgment verdict entailed knowledge of actual quantity of drugs - nevertheless no error in sentencing process LEGISLATION CITED : Customs Act 1901 Evidence Act 1995 Tripody v R (1961) 104 CLR 1 CASES CITED: Ahern v R (1988) 165 CLR 87 R v AH (1997) 42 NSWLR 702 DECISION : Appeals against conviction dismissed. Leave granted to Yeung to appeal against sentence; appeal dismissed.