Li, Wing Cheong v R [2010] NSWCCA 40

Li, Wing Cheong v R [2010] NSWCCA 40

The admitted telephone conversations were not hearsay and were properly admitted for the purpose of establishing the subject matter discussed, not for truth of assertions. Directions to the jury were adequate and made clear the limited use of transcript evidence. References to 'tax fraud' were not prejudicial; directions on character were sufficiently favorable to the appellant. Juror conduct (playing a word game) did not result in a miscarriage of justice. The appeal accordingly fails on all grounds.

Parties
Appellant: Wing Cheong LI; Respondent: Regina
Jurisdiction
Australia
Judgment Date
08 March 2010
Procedural Posture
Criminal Conviction Appeal / Appeal From District Court Conviction; Appellate Judgment
Outcome
Appeal dismissed
Legal Topics
Money Laundering, Hearsay, Jury Misconduct, Good Character Directions, Summing Up, Crown Address, Telephone Intercepts
Criminal Law Evidence Money Laundering Hearsay Jury Misconduct Good Character Directions Summing Up Crown Address +1 more

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Parties

Wing Cheong LI

Appellant

Regina

Respondent

Procedural Posture

Criminal Conviction Appeal / Appeal From District Court Conviction; Appellate Judgment

Legal Issues

  1. 1 Admission of telephone calls between Iglesias and Viana as evidence
  2. 2 Adequacy of jury directions regarding those calls
  3. 3 Requirement for jury to be satisfied beyond reasonable doubt about subject of calls

Ratio Decidendi

The admitted telephone conversations were not hearsay and were properly admitted for the purpose of establishing the subject matter discussed, not for truth of assertions. Directions to the jury were adequate and made clear the limited use of transcript evidence. References to 'tax fraud' were not prejudicial; directions on character were sufficiently favorable to the appellant. Juror conduct (playing a word game) did not result in a miscarriage of justice. The appeal accordingly fails on all grounds.

Court Disposition

Appeal dismissed

Orders

  • Appeal against conviction is dismissed.