PHAM, Van Diep; TRAN John Xanvi v R [2008] NSWCCA 194

New South Wales Court of Criminal Appeal

CITATION: PHAM, Van Diep; TRAN John Xanvi v R [2008] NSWCCA 194

HEARING DATE(S): 30 June 2008

JUDGMENT DATE: 15 August 2008

JUDGMENT OF: Allsop P at 1; James J at 97; Price J at 98

1. As to Mr Tran - (a) Refuse leave to raise as a ground of appeal the direction of the trial judge about joint possession. (b) Refuse leave to raise as a ground of appeal the direction of the trial judge about lies. (c) Dismiss the appeal against his conviction. (d) Grant leave to appeal against the sentences imposed on him, and dismiss the appeal. DECISION: 2. As to Mr Pham – (a) Dismiss the appeal against his conviction. (b) Grant leave to appeal against the sentences imposed on him, and dismiss the appeal. 3. As to the Director of Public Prosecution's appeals: (a) Dismiss the appeal against the sentences imposed on Mr Tran. (b) Dismiss the appeal against the sentences imposed on Mr Pham.

CATCHWORDS: CRIMINAL LAW – APPEAL – against conviction – whether summing up unbalanced – whether expert evidence as to meanings of words used in conversations the subject of surveillance admissible – against sentence – Crown appeal and application for leave to appeal

Criminal Appeal Act 1912 (NSW) LEGISLATION CITED: Evidence Act 1995 (NSW) Criminal Procedure Act 1986 (NSW) Crimes (Sentencing Procedure) Act 1999

CATEGORY: Principal judgment

Edwards v The Queen (1993) 178 CLR 193 Gassy v The Queen [2008] HCA 18 Green v The Queen (1971) 126 CLR 28 Mercer v R (1993) 67 Crim R 91 O'Donoghue (1988) 34 A Crim R 397 Pearce v The Queen (1998) 194 CLR 610 R v Chin (1985) 157 CLR 671 CASES CITED : R v Crombie [1999] NSWCCA 297 R v Harron [1996] Crim LR 581 R v Lodhi [2006] NSWSC 672 R v Middleton [2001] Crim LR 251 R v ST (1997) 92 A Crim R 390 Veen v The Queen (No 2) (1988) 164 CLR 465 Wasow (1985) 18 A Crim R 348 Zheng v R (1995) 83 A Crim R 572 Zoneff v The Queen (2000) 200 CLR 234