Kho v R [2012] NSWCCA 71

Kho v R [2012] NSWCCA 71

Incompetence of counsel by failing to seek evidence from co-offender Loh, who could have provided exculpatory testimony, led to the appellant not being fairly represented and occasioned a miscarriage of justice, warranting the quashing of conviction and a new trial.

Jurisdiction
Australia
Judgment Date
26 April 2012
Procedural Posture
Criminal Appeal / Appeal Decision
Outcome
Appeal upheld, conviction quashed, new trial ordered
Legal Topics
['drug Supply' 'incompetence of Counsel' 'admission of Evidence' 'fresh Evidence' 'judicial Intervention' 'joint Criminal Enterprise']
['criminal Law'] ['drug Supply' 'incompetence of Counsel' 'admission of Evidence' 'fresh Evidence' 'judicial Intervention' 'joint Criminal Enterprise']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Criminal Appeal / Appeal Decision

Legal Issues

  1. 1 ["Whether defence counsel's incompetence resulted in a miscarriage of justice" 'Whether admission of irrelevant surveillance evidence prejudiced the appellant' 'Whether alleged lie by appellant could be used as evidence of consciousness of guilt' 'Whether fresh evidence from co-offender should be admitted' 'Whether judicial intervention in cross-examination resulted in a mistrial']

Ratio Decidendi

Incompetence of counsel by failing to seek evidence from co-offender Loh, who could have provided exculpatory testimony, led to the appellant not being fairly represented and occasioned a miscarriage of justice, warranting the quashing of conviction and a new trial.

Court Disposition

Appeal upheld, conviction quashed, new trial ordered

Orders

  • ['Appeal upheld.' 'The conviction in the District Court is quashed.' 'Order that there be a new trial.']