Wong v R [2011] NSWCCA 94

Wong v R [2011] NSWCCA 94

The evidence gave rise to a reasonable doubt as to whether the Crown's case was correct; there was evidence of apparent reliability supporting the explanation that appellant entered the intersection with a green light, not against a red, and the jury’s advantage of seeing and hearing witnesses did not explain...

Source-derived case information.

Parties
Appellant: Thomas See Yue Wong; Respondent: Regina
Jurisdiction
Australia
Judgment Date
21 April 2011
Procedural Posture
Conviction Appeal / Leave to Appeal and Judgment
Outcome
Appeal allowed; conviction quashed; acquittal entered.
Legal Topics
Dangerous Driving Occasioning Death, Unreasonable Jury Verdict, Traffic Signals and Intersection Operation
Criminal Law Dangerous Driving Occasioning Death Unreasonable Jury Verdict Traffic Signals and Intersection Operation

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Summary, issues, holding and outcome

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Parties

Thomas See Yue Wong

Appellant

Regina

Respondent

Procedural Posture

Conviction Appeal / Leave to Appeal and Judgment

Legal Issues

  1. 1 Whether the jury verdict was unreasonable
  2. 2 Whether it was open to the jury to be satisfied beyond reasonable doubt that the appellant entered the intersection against a red light

Ratio Decidendi

The evidence gave rise to a reasonable doubt as to whether the Crown's case was correct; there was evidence of apparent reliability supporting the explanation that appellant entered the intersection with a green light, not against a red, and the jury’s advantage of seeing and hearing witnesses did not explain absence of reasonable doubt.

Court Disposition

Appeal allowed; conviction quashed; acquittal entered.

Orders

  • Grant leave to the appellant Thomas See Yue Wong to appeal against his conviction of an offence under Crimes Act 1900 s 52A(1)(c) alleged to have been committed by him on 29 August 2006.
  • Allow the appeal.