NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: R v Nguyen, John Viet; R v Nguyen, Anthony Si [2010] NSWCCA 97
HEARING DATE(S): 7 May 2010
JUDGMENT DATE: 7 May 2010
JUDGMENT OF: Hodgson JA at [1], [33]; Johnson J at [24]; Latham J at [30]
EX TEMPORE JUDGMENT DATE: 7 May 2010
DECISION: 1. Appeal be allowed. 2. The rulings of the trial judge referred to in the notice of appeal in this case be set aside.
CATCHWORDS: CRIMINAL LAW – Crown appeal against rejection of evidence – Whether cumulative effect of errors was to eliminate or substantially weaken the prosecution's case.
Criminal Appeal Act 1912 (NSW) s 5(3A) LEGISLATION CITED: Criminal Procedure Act 1986 s 145, s149E Evidence Act 1995 s 50, s165
CATEGORY: Procedural and other rulings
CASES CITED : Chai (1992) 27 NSWLR 153 Masters (1992) 26 NSWLR 450
CROWN (appellant) PARTIES: John Viet NGUYEN (first respondent) Anthony Si NGUYEN (second respondent)
FILE NUMBER(S): CCA 2009/10935006; 2009/10940006
W ABRAHAM QC/ L CROWLEY (Crown) COUNSEL: A RADOJEV (first respondent) P STITZ (second respondent)
Commonwealth Director of Public Prosecutions (Crown) SOLICITORS: Jack Rigg Lawyers (first respondent) Australian Criminal Law specialists (second respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 2009/00010935; 2009/00010940
LOWER COURT JUDICIAL OFFICER: Sweeney DCJ
LOWER COURT DATE OF DECISION: 7 April 2010, 12 April 2010, 5 May 2010
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