Chow v R [2007] NSWCCA 225

Chow v R [2007] NSWCCA 225

It was open to the jury, on the evidence including intercepted conversations and expert opinion that the language used was consistent with drug supply, to be satisfied of guilt beyond reasonable doubt; no miscarriage of justice occurred. The sentencing judge did not err in placing the appellant’s role higher than...

Source-derived case information.

Parties
Appellant: Mervyn Man Wah Chow; Respondent: Regina
Jurisdiction
Australia
Judgment Date
02 August 2007
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal against conviction dismissed; leave to appeal against sentence granted; appeal against sentence dismissed.
Legal Topics
Appeal Against Conviction, Unreasonable Verdict, Opinion Evidence, Coded Language, Appeal Against Sentence, Relative Role in Drug Transaction, Manifestly Excessive Sentence
Criminal Law Appeal Against Conviction Unreasonable Verdict Opinion Evidence Coded Language Appeal Against Sentence Relative Role in Drug Transaction Manifestly Excessive Sentence

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 8 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Mervyn Man Wah Chow

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the jury's verdict was unreasonable or unsupported
  2. 2 Whether opinion evidence relating to coded language in intercepted conversations was properly admitted and weighed
  3. 3 Whether the sentencing judge erred in assessing appellant's role as higher than co-offender's

Ratio Decidendi

It was open to the jury, on the evidence including intercepted conversations and expert opinion that the language used was consistent with drug supply, to be satisfied of guilt beyond reasonable doubt; no miscarriage of justice occurred. The sentencing judge did not err in placing the appellant’s role higher than that of the co-offender; sentence was not manifestly excessive given the scale and appellant's history.

Court Disposition

Appeal against conviction dismissed; leave to appeal against sentence granted; appeal against sentence dismissed.

Orders

  • Appeal against conviction dismissed
  • Grant leave to appeal against sentence