Yong v The King

[2025] WASCA 37

Western Australia Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal against conviction
3. › Additional evidence on appeal
4. › Distinction between fresh evidence and new evidence
5. › Whether proposed evidence credible, cogent or plausible
6. › Criminal Appeals Act 2004 (WA), s 40(1)(e)
1. Criminal Law
2. › Appeal against conviction
3. › Extension of time
4. › Whether delay adequately explained
5. › Whether grounds of appeal have sufficient merit to warrant extension
1. Criminal Law
2. › Importation of border controlled drugs
3. › Commercial quantity of methamphetamine
4. › Meaning of 'import' including dealing with drug in connection with importation
5. › Criminal Code (Cth), ss 300.2, 307.1(1)

Quick Take

Affidavits from co-accused that contradict the defence cases run at trial, lack detail, and are inconsistent with unchallenged evidence will not be admitted as additional evidence on appeal, whether characterised as fresh or new evidence.