NSW Caselaw
Reported Decision: 172 A Crim R 582
New South Wales Court of Criminal Appeal
CITATION: Chow v R [2007] NSWCCA 225
HEARING DATE(S): 9 July 2007
JUDGMENT DATE: 2 August 2007
JUDGMENT OF: Tobias JA; Latham J; Mathews AJ
DECISION: (a) Appeal against conviction dismissed; (b) Grant leave to appeal against sentence.; (c) Appeal against sentence dismissed
CATCHWORDS: CRIMINAL LAW – APPEAL AGAINST CONVICTION – Whether jury verdict unreasonable, or cannot be supported– Criminal Appeal Act 1912 s 6(1) – Use of opinion evidence regarding meaning of allegedly coded language in conversations between co-accused – APPEAL AGAINST SENTENCE – Nature of role of appellant in drug transaction relative to that of co-offender – Whether sentencing manifestly excessive
Crimes (Sentencing Procedure) Act 1999 LEGISLATION CITED: Criminal Appeal Act 1912 Evidence Act 1995
Jones v The Queen (1997) 191 CLR 439 Keller v Regina [2006] NSWCCA 204 CASES CITED: MFA v The Queen (2002) 213 CLR 606; [2002] HCA 53 M v The Queen (1994) 181 CLR 487 R v David & Gugea (unreported, NSW CCA, 10 October 1995
PARTIES: Mervyn Man Wah Chow Regina
FILE NUMBER(S): CCA 2007/485
COUNSEL: A: L McSpedden R: T Thorpe
SOLICITORS: A: P M Murphy R: S Kavanagh
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC 2005/11/0906
LOWER COURT JUDICIAL OFFICER: Keleman DCJ
LOWER COURT DATE OF DECISION: 20 February 2006
IN THE COURT OF CRIMINAL APPEAL CCA 2007/485 DC 2005/11/0906
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