REGINA v QUACH [2002] NSWCCA 519

REGINA v QUACH [2002] NSWCCA 519

The telephone intercept evidence was relevant to the Crown's circumstantial case because it showed the existence and nature of the association between the appellant and Le, assisted in explaining the alleged drug-related code, and bore on whether Le's trip to the vicinity of the appellant's residence and the alleged meeting were for a guilty rather than innocent purpose. It was not tendered or admitted to prove a tendency within s 97, and its probative value was not outweighed by unfair prejudice under s 137. The jury was expressly directed, in terms sought by defence counsel, not to use the evidence to reason that the appellant was more likely or had a tendency to commit the offence. The...

Jurisdiction
Australia
Judgment Date
20 December 2002
Procedural Posture
Criminal Appeal Against Conviction / Court of Criminal Appeal
Outcome
Appeal dismissed
Legal Topics
['admissibility of Intercepted Telephone Conversations' 'prior Criminal Conduct' 'tendency Evidence' 'relationship Evidence' 'jury Directions' 'erisp Admissions' 'right to Silence' 'discretionary Exclusion of Evidence']
['criminal Law' 'evidence'] ['admissibility of Intercepted Telephone Conversations' 'prior Criminal Conduct' 'tendency Evidence' 'relationship Evidence' 'jury Directions' 'erisp Admissions' 'right to Silence' 'discretionary Exclusion of Evidence']

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Procedural Posture

Criminal Appeal Against Conviction / Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether evidence of eleven intercepted telephone conversations between the appellant and Phuong Tan Le was relevant and admissible, or was inadmissible tendency evidence.' 'Whether the trial judge should have excluded the intercepted telephone conversation evidence on discretionary grounds because of unfair prejudice.' 'Whether the directions given to the jury about the permissible use of the telephone intercept evidence were adequate to prevent tendency reasoning.' 'Whether the ERISP interview conducted on 2 May 2000 was improperly or unfairly obtained after the appellant referred to legal advice not to say anything.' 'Whether the ERISP interview of 13 July 2000 was inadmissible because a caution was not given until part way through the interview.']

Ratio Decidendi

The telephone intercept evidence was relevant to the Crown's circumstantial case because it showed the existence and nature of the association between the appellant and Le, assisted in explaining the alleged drug-related code, and bore on whether Le's trip to the vicinity of the appellant's residence and the alleged meeting were for a guilty rather than innocent purpose. It was not tendered or admitted to prove a tendency within s 97, and its probative value was not outweighed by unfair prejudice under s 137. The jury was expressly directed, in terms sought by defence counsel, not to use the evidence to reason that the appellant was more likely or had a tendency to commit the offence. The...

Court Disposition

Appeal dismissed

Orders

  • ['Appeal dismissed']