Le, Chung Thi v The Queen [1997] FCA 1286

Le, Chung Thi v The Queen [1997] FCA 1286

The possession conviction was not unsafe or against the weight of the evidence because the cumulative circumstantial evidence, including the Hong Kong telephone contacts, the timing of calls, the applicant's acceptance and opening of the parcel, removal and concealment of the Buddha statue, thumbprint and implausible explanations, allowed the jury to be satisfied beyond reasonable doubt and to reject the set-up and decoy hypotheses. The conspiracy conviction was unsafe because the applicant was charged only with conspiring with Dien Van Le, he was acquitted, and there was no relevantly separate evidence against the applicant that could justify convicting her of conspiring with him. The...

Jurisdiction
Australia
Judgment Date
24 October 1997
Procedural Posture
Criminal Appeal Against Conviction and Sentence / Appeal From Convictions and Sentence Imposed by Miles CJ in the Supreme Court of the Australian Capital Territory
Outcome
Appeal allowed in part; conspiracy conviction set aside and acquittal entered; possession conviction confirmed; appeal against sentence allowed in part by reducing the non-parole period; sentence otherwise confirmed.
Legal Topics
['conspiracy' 'possession of a Trafficable Quantity of Heroin for Sale or Supply' 'inconsistent Verdicts' 'unsafe and Unsatisfactory Verdict' 'fresh Evidence on Appeal' 'non Parole Period']
['criminal Law' 'sentencing' 'criminal Appeals'] ['conspiracy' 'possession of a Trafficable Quantity of Heroin for Sale or Supply' 'inconsistent Verdicts' 'unsafe and Unsatisfactory Verdict' 'fresh Evidence on Appeal' 'non Parole Period']

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Procedural Posture

Criminal Appeal Against Conviction and Sentence / Appeal From Convictions and Sentence Imposed by Miles CJ in the Supreme Court of the Australian Capital Territory

Legal Issues

  1. 1 ['Whether the conviction for possession of a trafficable quantity of heroin for the purpose of sale or supply was unsafe and unsatisfactory or against the weight of the evidence.' "Whether the applicant's conviction for conspiracy with Dien Van Le was inconsistent with Dien Van Le's acquittal on the same conspiracy charge." 'Whether fresh evidence should be admitted and whether there was a significant possibility that a jury, acting reasonably, would have acquitted had it been before the jury.' "Whether the sentence and non-parole period were excessive or affected by error, including the sentencing judge's reliance on R v Suen."]

Ratio Decidendi

The possession conviction was not unsafe or against the weight of the evidence because the cumulative circumstantial evidence, including the Hong Kong telephone contacts, the timing of calls, the applicant's acceptance and opening of the parcel, removal and concealment of the Buddha statue, thumbprint and implausible explanations, allowed the jury to be satisfied beyond reasonable doubt and to reject the set-up and decoy hypotheses. The conspiracy conviction was unsafe because the applicant was charged only with conspiring with Dien Van Le, he was acquitted, and there was no relevantly separate evidence against the applicant that could justify convicting her of conspiring with him. The...

Court Disposition

Appeal allowed in part; conspiracy conviction set aside and acquittal entered; possession conviction confirmed; appeal against sentence allowed in part by reducing the non-parole period; sentence otherwise confirmed.

Orders

  • ['The appeal be allowed in part.' 'The conviction for conspiracy be set aside and in lieu thereof a verdict of acquittal be entered.' 'The conviction for possession of a trafficable quantity of heroin for purpose of supply be confirmed.' 'The appeal against sentence be allowed in part.' 'The non-parole period be...