Nguyen v R [2020] NSWCCA 281

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Nguyen v R [2020] NSWCCA 281 Hearing dates: 23 October 2020 Date of orders: 04 November 2020 Decision date: 04 November 2020 Before: Hoeben CJ at CL at [1] Harrison J at [2] Bellew J at [28] Decision: (1) Grant leave to appeal against sentence. (2) Dismiss the appeal. Catchwords: APPEAL – sentence appeal – where applicant coordinated drug syndicate – whether applicant has a justifiable sense of grievance based on sentence imposed on co-offender – where sentencing judge made no error in relation to parity Legislation Cited: Crimes Act 1900 (NSW) Criminal Appeal Act 1912 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Cases Cited: Green v The Queen; Quinn v The Queen (2011) 244 CLR 462; [2011] HCA 49 Lloyd v R [2017] NSWCCA 303 Lowe v The Queen (1984) 154 CLR 606; [1984] HCA 46 Postiglione v The Queen (1997) 189 CLR 295; [1997] HCA 26 Tatana v R [2006] NSWCCA 398 Category: Principal judgment Parties: John Nguyen (Applicant) Crown (Respondent) Representation: Counsel: M Valentin (Applicant) M Millward (Respondent)

Solicitors: Tsintilas & Associates (Applicant) Office of the Director of Public Prosecutions (Respondent) File Number(s): 2018/188776 Publication restriction: Nil Decision under appeal Court or tribunal: District Court Jurisdiction: Criminal Date of Decision: 28 February 2020 Before: Bourke DCJ File Number(s): 2018/188776