NSW Caselaw
Reported Decision : 137 A Crim R 345
New South Wales Court of Criminal Appeal
CITATION : REGINA v QUACH [2002] NSWCCA 519 FILE NUMBER(S) : CCA 60311/02 HEARING DATE(S) : 29/11/02 JUDGMENT DATE : 20 December 2002
PARTIES : Regina Tan Gai Quach JUDGMENT OF : Spigelman CJ at 1; Sully J at 49; James J at 110
LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 01/11/0930 LOWER COURT JUDICIAL Andrew DCJ OFFICER :
COUNSEL : A J Bellanto QC / P Byrne SC (Appellant) D M L Woodburne (Crown) SOLICITORS : Borak & Co (Appellant) S E O'Connor (Crown) CATCHWORDS : CRIMINAL LAW - EVIDENCE - Admissibility of evidence of prior criminal conduct where not adduced for tendency purpose - Relationship between propensity evidence at common law and tendency evidence under Evidence Act 1995 - Where accused was subject of telephone intercepts said to reveal prior heroin supplies - Where accused charged with supplying heroin - CRIMINAL LAW - DIRECTIONS TO JURY - Whether directions to jury about evidence of prior criminal conduct were adequate to prevent tendency reasoning - Where directions were given in terms requested by accused's counsel - CRIMINAL LAW - EVIDENCE - Improperly obtained admissions - Discretion to admit ERISP - Where answers obtained after accused claimed right to silence - Where caution not given until part way through interview - Whether cause to believe truth of answers adversely affected LEGISLATION CITED : Drug Misuse and Trafficking Act 1985 Evidence Act 1995 Conway v R (2000) 172 ALR 185 Gipp v The Queen (1998)194 CLR 106 Harriman v The Queen (1989) 167 CLR 590 KRM v The Queen (2001) 206 CLR 221 Papakosmos v The Queen (1999) 196 CLR 297 Pfennig v The Queen (1995) 182 CLR 461 Plomp v The Queen (1963) 110 CLR 234 R v AH (1997) 42 NSWLR 702 CASES CITED: R v Burns & Collins (2001) 123 A Crim R 226 R v Chan [2002] NSWCCA 217 R v Clarke (1997) A Crim R 414 R v Frawley (1993) 69 A Crim R 208 R v Lock (1997) 91 A Crim R 356 R v Ngo and Le [2002] SASC 373 R v Nieterink (1999) 76 SASR 56 R v Norris (2001) 121 A Crim R 227 R v Plevac (1995) 84 A Crim R 570 Wilson v R (1970) 123 CLR 334 DECISION : Appeal dismissed
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