Nguyen v R [2023] NSWCCA 240

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Nguyen v R [2023] NSWCCA 240 Hearing dates: 20 September 2023 Date of orders: 6 October 2023 Decision date: 06 October 2023 Before: Adamson JA at [1] Price J at [2] Davies J at [3] Decision: (1) Grant leave to appeal. (2) Dismiss the appeal. Catchwords: CRIME – appeals – appeal against sentence – recklessly dealing in proceeds of crime – where offence involved only the moving of money on one day – where offender had been to premises on six prior occasions – whether sentencing judge erred by relying on prior attendance – prior attendance informed overall assessment of criminality – where co-offender charged additionally with two drug trafficking offences – where roles of the two offenders differed for common offence and different subjective factors existed – where sentencing judge gave express consideration to issue of parity – no justifiable sense of grievance – appeal dismissed SENTENCING – appeals against sentence – powers of court – Crimes Act 1914 (Cth) s 19AHA – where sentencing judge erroneously amended sentencing order – whether Court of Criminal Appeal can amend clerical error of another court – held Court does not have power under Supreme Court (Criminal Appeal Rules) 2021 (NSW) – application to correct must be made to District Court Legislation Cited: Crimes Act 1914 (Cth) ss 16BA, 19AHA Criminal Appeal Act 1912 (NSW) s 6 Criminal Code (Cth) ss 400.3(2A), 400.6 Supreme Court (Criminal Appeal Rules) 2021 (NSW) r 5.4 Cases Cited: England v R; Phanith v R [2009] NSWCCA 274 House v The King (1936) 55 CLR 499; [1936] HCA 40 Lowe v The Queen (1984) 154 CLR 606; [1984] HCA 46 Mulato v Regina [2006] NSWCCA 282 Postiglione v The Queen (1997) 189 CLR 295; [1997] HCA 26 R v Clarke [2013] NSWCCA 260 R v O'Donoghue (1988) 34 A Crim R 397 R v Perry; R v Perry [2022] SASCA 51 Regina v Rick Barry Swan [2006] NSWCCA 47 Smith (a pseudonym) v R [2022] NSWCCA 123 Texts Cited: Nil Category: Principal judgment Parties: Sam Nguyen (Applicant) The King (Respondent) Representation: Counsel: P Lange (Applicant) L Fernandez (Respondent)