Ngo v Commonwealth Attorney General [2024] NSWSC 1536

All mandatory considerations under s 39A(3) of the Mutual Assistance in Criminal Matters Act 1987 (Cth) weigh in favour of granting the plaintiff's application; the certificate should be issued as it is in the interests of justice to obtain the evidence from Vietnam via video-link for sentencing.

Parties: Plaintiff: Thao Thi Phuong Ngo; First Defendant: Commonwealth Attorney General; Second Defendant: Commonwealth Director of Public Prosecutions
Jurisdiction: Australia
Judgment Date: 02 December 2024
Procedural Posture: Procedural Ruling / Pre Sentencing Application
Outcome: Application granted
Legal Topics: Mutual Assistance, Evidence Via Video Link, Sentencing Procedure

Criminal Law Procedure Mutual Assistance Evidence Via Video Link Sentencing Procedure

Case Brief

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 3 Party arguments 2

Parties

Thao Thi Phuong Ngo

Plaintiff

Commonwealth Attorney General

First Defendant

Commonwealth Director of Public Prosecutions

Second Defendant

Procedural Posture

Procedural Ruling / Pre Sentencing Application

Legal Issues

1 Whether a certificate should be issued pursuant to s 39A of the Mutual Assistance in Criminal Matters Act 1987 (Cth) for evidence to be taken in Vietnam and broadcast to Australia

Ratio Decidendi

Court Disposition

Application granted

Orders

The Supreme Court of NSW certifies that it would be in the interest of justice for the Attorney-General of the Commonwealth of Australia to request that the evidence of Phuc Nong Ngo should be taken in the Socialist Republic of Vietnam and broadcast to Australia via video-link for the purposes of the sentencing...
Certificate signed pursuant to s 39A(1) of the Mutual Assistance in Criminal Matters Act 1987 (Cth).