Kho v R [2012] NSWCCA 71

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Kho v R [2012] NSWCCA 71 Hearing dates: 8 March 2012 Decision date: 26 April 2012 Before: McClellan CJ at CL at [1] Johnson J at [57] Grove AJ at [58] Decision: 1. Appeal upheld. 2. The conviction in the District Court is quashed. 3.Order a new trial. Catchwords: CRIMINAL LAW - appeal - conviction - incompetence of counsel - failure of counsel to enquire about evidence of a co-accused - admission of irrelevant evidence - whether evidence that appellant was under surveillance prior to the commission of the offence was admissible - fresh evidence - whether interruption of cross-examination by the trial judge resulted in a mistrial Legislation Cited: Drug Misuse and Trafficking Act 1985 Criminal Procedure Amendment (Case Management) Act 2009 Cases Cited: MRW v The Queen [2011] NSWCCA 260 Nudd v The Queen [2006] HCA 9; (2006) 162 A Crim R 301 R v Boag (1994) 73 A Crim R 35 R v Saleam (1989) 16 NSWLR 14 Ratten v The Queen [1974] HCA 35; (1974) 131 CLR 510 TKWJ v The Queen [2002] HCA 46; (2002) 212 CLR124 Category: Principal judgment Parties: Chuan Tat Kho (Appellant) Crown Representation: Counsel: W Dawe QC (Appellant) J Dwyer (Crown) Solicitors: McKenzie Leamey Solicitors (Appellant) Solicitor for Public Prosecutions (Crown) File Number(s): 2009/139048 Decision under appeal Date of Decision: 2010-10-28 00:00:00 Before: Bennett DCJ File Number(s): 2009/139048