R v Dang [2000] NSWCCA 269

R v Dang [2000] NSWCCA 269

The trial judge's remarks on the accused's silence were not permissible and cannot be sustained given the tenuous Crown case and the legal principles in RPS v Regina and Weissensteiner v Regina. The appeal must be allowed and a retrial ordered.

Source-derived case information.

Parties
Appellant: Tam Minh Dang; Respondent: Regina
Jurisdiction
Australia
Judgment Date
14 July 2000
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
appeal allowed; sentence set aside; retrial ordered
Legal Topics
Appeal Against Conviction, Appeal Against Sentence, Importation of Prohibited Substance, Summing Up, Accused's Silence, Jones V Dunkel
Criminal Law Appeal Against Conviction Appeal Against Sentence Importation of Prohibited Substance Summing Up Accused's Silence Jones V Dunkel

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 3 Authorities cited 3 Party arguments 1 Amounts and remedies 3
Sign in to unlock

Parties

Tam Minh Dang

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the trial judge's remarks regarding the accused's silence were permissible
  2. 2 Whether the principle from Jones v Dunkel applies to this case
  3. 3 Whether the conviction was unsafe given the strength of the evidence

Ratio Decidendi

The trial judge's remarks on the accused's silence were not permissible and cannot be sustained given the tenuous Crown case and the legal principles in RPS v Regina and Weissensteiner v Regina. The appeal must be allowed and a retrial ordered.

Court Disposition

appeal allowed; sentence set aside; retrial ordered

Orders

  • Appeal allowed
  • Sentence set aside