Wong v R [2011] NSWCCA 94

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Wong v R [2011] NSWCCA 94 Hearing dates: 5 April 2011 Decision date: 21 April 2011 Before: Macfarlan JA at [1] Hoeben J at [71] Garling J at [72] Decision: (1) Grant leave to the appellant Thomas See Yue Wong to appeal against his conviction of an offence under Crimes Act 1900 s 52A(1)(c) alleged to have been committed by him on 29 August 2006. (2) Allow the appeal. (3) Quash the conviction. (4) Direct that a judgment and verdict of acquittal be entered. Catchwords: CRIMINAL LAW - conviction appeal - dangerous driving occasioning death - appellant's vehicle entered intersection and collided with vehicle turning across appellant's path - whether jury verdict unreasonable - whether open to jury to be satisfied beyond reasonable doubt that appellant entered intersection against a red light - conviction quashed Legislation Cited: Crimes Act 1900 Criminal Appeal Act 1912 Cases Cited: M v R [1994] HCA 63; (1994) 181 CLR 487 Rasic v R [2009] NSWCCA 202 R v Nguyen [2010] HCA 38; (2010) 85 ALJR 8 Category: Principal judgment Parties: Thomas See Yue Wong (Appellant) Regina (Respondent) Representation: Counsel: S Odgers SC (Appellant) D Arnott SC (Crown/Respondent) Solicitors: S O'Connor (Legal Aid Commission) (Appellant) S Kavanagh (Solicitor for Public Prosecutions) (Respondent) File Number(s): CCA 2007/15361 Decision under appeal Date of Decision: 2010-03-05 00:00:00 Before: North DCJ File Number(s): 2007/15361