NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : REGINA v. GAO [2003] NSWCCA 390 HEARING DATE(S) : Tuesday 16 December 2003 JUDGMENT DATE : 16 December 2003
JUDGMENT OF : Sully J at 1/29; Greg James J at 2; Adams J at 30 DECISION : Appeal against conviction dismissed; application for leave to appeal against sentence granted; appeal against sentence dismissed.
CATCHWORDS : Criminal law - appeal against conviction - sentence - voice identification - speech in intercepted telephone calls in Cantonese - police officer hears calls - later identifies voice of speaker from Cantonese speech at interview with police - held evidence rightly admitted - appellant spoken to in Cantonese during interview in which he refused to answer questions - his reply in Cantonese used for voice identification - no impropriety found - vocal sounds not a representation - no legal necessity for recording to make the voice identificaion evidence admissible - no basis for challenge to sentence. Customs Act 1901 (Cth) LEGISLATION CITED : Criminal Procedue Act 1986 Evidence Act 1995 Crimes Act 1914 (Cth) CASES CITED : Mundarra Smith [2001] HCA 50 Leong (1999) 47 NSWLR 405 PARTIES : REGINA v. GAO, Zhen Yu Michael FILE NUMBER(S) : CCA No. 60307 of 2003 COUNSEL : Crown: M. Cinque App: S. Kluss SOLICITORS : Crown: Commonwealth DPP App: Ross Hill & Associates
LOWER COURT Local Court JURISDICTION : LOWER COURT 02/11/0057 FILE NUMBER(S) : LOWER COURT Shillington, ADCJ. JUDICIAL OFFICER :
IN THE COURT OF CRIMINAL APPEAL No. 60307 of 2003
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