Regina v Leung and Wong [1999] NSWCCA 287

Regina v Leung and Wong [1999] NSWCCA 287

The voice identification evidence of Mr Fung was admissible under s 79 of the Evidence Act 1995 as ad hoc expert evidence, given his significant familiarity with the relevant voices through translation work. The trial judge's directions regarding Leung's failure to give evidence followed relevant legal standards and did not give rise to a miscarriage of justice. Both appeals against conviction should be dismissed.

Parties
Prosecution: Regina; Appellant: Jackie Kai Cheu Leung; Appellant: Nelson Tak Fat Wong
Jurisdiction
Australia
Judgment Date
15 September 1999
Procedural Posture
Criminal Appeal / Court of Criminal Appeal Judgment on Appeal Against Conviction
Outcome
Appeals against conviction dismissed
Legal Topics
Importation of Drugs, Opinion Evidence, Voice Identification, Ad Hoc Expert, Jury Directions, Failure to Give Evidence, Application of Evidence Act 1995
Criminal Law Evidence Importation of Drugs Opinion Evidence Voice Identification Ad Hoc Expert Jury Directions Failure to Give Evidence +1 more

Case Brief

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Parties

Regina

Prosecution

Jackie Kai Cheu Leung

Appellant

Nelson Tak Fat Wong

Appellant

Procedural Posture

Criminal Appeal / Court of Criminal Appeal Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether voice identification and comparison evidence by an interpreter was admissible as opinion evidence under ss 78 or 79 Evidence Act 1995
  2. 2 Whether the trial judge correctly directed the jury regarding Leung's failure to give evidence
  3. 3 Whether any miscarriage of justice resulted from the admission of the evidence or jury direction

Ratio Decidendi

The voice identification evidence of Mr Fung was admissible under s 79 of the Evidence Act 1995 as ad hoc expert evidence, given his significant familiarity with the relevant voices through translation work. The trial judge's directions regarding Leung's failure to give evidence followed relevant legal standards and did not give rise to a miscarriage of justice. Both appeals against conviction should be dismissed.

Court Disposition

Appeals against conviction dismissed

Orders

  • Both appeals against conviction dismissed