Nguyen v R [2024] NSWCCA 178

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Nguyen v R [2024] NSWCCA 178 Hearing dates: 2 August 2024 Decision date: 25 September 2024 Before: Harrison CL at CL at [1]; Ierace J at [2]; Faulkner J at [99] Decision: Leave to appeal against sentence is refused. Catchwords: CRIME — Appeals — Appeal against sentence — Application for leave to appeal — Drug supply offences — Parity principle — Where the applicant's co-offender had committed similar offences with other offenders — Where the applicant raised a question of parity between his sentence and that of an offender who was sentenced for similar offences that were committed with the applicant's co-offender Legislation Cited: Criminal Appeal Act 1912 (NSW), s 5(1)(c) Criminal Procedure Act 1986 (NSW), s 166(1)(b) Crimes (Sentencing Procedure) Act 1999 (NSW), ss 32, 44(2A) Drug Misuse and Trafficking Act 1985 (NSW), ss 10(1), 25(1), (2) Firearms Act 1996 (NSW), s 65(3) Supreme Court (Criminal Appeal) Rules 2021 (NSW), r 4.15 Weapons Prohibition Act 1998 (NSW), s 7(1) Cases Cited: Green v The Queen; Quinn v The Queen (2011) 244 CLR 462; [2011] HCA 49 Jimmy v R (2010) 77 NSWLR 540; [2010] NSWCCA 60 Jones v The Queen (1993) 67 ALJR 376 Kemp v R [2014] NSWCCA 153 Lowe v The Queen (1984) 154 CLR 295; [1984] HCA 46 Postiglione v The Queen (1997) 189 CLR 295 R v Edwards (1996) 90 A Crim R 510 Rees v R [2012] NSWCCA 47 R v Pickard [2023] NSWCCA 7 Category: Principal judgment Parties: Quoc Vu Nguyen (Applicant) Rex (Respondent) Representation: Counsel: A Parsons (Applicant) V Garrity (Respondent)