Brydie CM Bethell

The appellant appealed a committal order for extradition, arguing the extradition judge erred in appreciating discrepancies in the Record of the Case (ROC).

The Court of Appeal dismissed the appeal, finding the discrepancies were minor, corrected in a supplementary ROC, and did not taint the remaining evidence.

Furthermore, sufficient independent evidence existed to justify the committal order on all charges.

The appellants appealed their convictions and 15-year sentences for attempted murder.

They argued the verdicts were unreasonable due to unreliable eyewitness identification and that the trial judge's reasons were inadequate.

The appellant Nguyen also argued the trial judge erred in applying party liability.

The Court of Appeal dismissed the conviction appeals, finding the identification evidence was supported by other evidence and the trial judge's reasons were sufficient.

The Court also dismissed the sentence appeals, holding that the 15-year sentences were within the appropriate range given the horrific nature of the shooting that rendered the victim quadriplegic, and that the trial judge did not err in denying enhanced pre-trial custody credit to an offender who committed the offence while serving a conditional sentence.