R-v-Nguyen [1999] NSWSC 592

New South Wales Supreme Court CITATION : R-v-Nguyen [1999] NSWSC 592 revised - 31/08/99 CURRENT JURISDICTION : Criminal FILE NUMBER(S) : 070015/95 HEARING DATE(S) : 31/05/99. JUDGMENT DATE : 4 June 1999

PARTIES : Regina -v- Minh Hieu Nguyen JUDGMENT OF : McInerney J at 1

LOWER COURT JURISDICTION : Supreme Court LOWER COURT FILE NUMBER(S) : 070015/95 LOWER COURT JUDICIAL OFFICER : A/J McInerney

For the Crown: Ms. Wendy Robinson, QC COUNSEL : For the Prisoner: Mr. Peter Zahra For the Prisoner: SOLICITORS : For the Crown: For the Prisoner: CATCHWORDS : ACTS CITED : S115 & 116 of the Evidence Act CASES CITED : Domican -v- The Queen. DECISION : Sentence imposed is a term of four years to date from 31.05.99. It is to consist of a minimum term of three years to commence 31.05.99 and to conclude on 30.05.2002 at which time he may be admitted to parole. I have imposed an additional term of one year to date from 31.05.2002 and I note that I have in this sentence had regard to the fact of pre-sentence custody of two years.

THE SUPREME COURT OF NEW SOUTH WALES CRIMINAL DIVISION

McINERNEY AJ

FRIDAY 4 JUNE 1999

070015/95 - REGINA v MINH HIEU NGUYEN

SENTENCE 1 HIS HONOUR: In this matter the prisoner was indicted before me on Monday last for the murder of one Cuong Van Dao (hereafter referred to by me as the deceased) who died on 28 June 1994 at Bankstown. When indicted he pleaded not guilty to murder but guilty to manslaughter. The Crown accepted that plea in full satisfaction of the indictment and the learned Crown Prosecutor indicated the basis of the acceptance of the plea was on the basis of an unlawful and dangerous act. The act relied upon was a hitting of the deceased by the prisoner with a baseball bat. The deceased, it appears, died some days later from complications received as a result of a series of assaults on him by the prisoner and other persons in a fight that took place in the precincts of the Bankstown RSL Club after a concert which a number of Vietnamese attended. This was on 28 May 1994. The deceased was conveyed to hospital but died on 28 June 1994 from pneumonia which was caused by the injuries received in the assaults. Dr Ellis, the pathologist, has stated in his report that the antecedent cause of death was a severe head injury. The basis of the Crown case against the prisoner was that he with others was engaged in a common criminal enterprise to assault and attack the deceased.