Regina v Phuoc Nguyen [1999] NSWCCA 207

New South Wales Court of Criminal Appeal CITATION : Regina v Phuoc Nguyen [1999] NSWCCA 207 FILE NUMBER(S) : CCA 60312/98 HEARING DATE(S) : 28 May, 1999 JUDGMENT DATE : 28 May 1999

PARTIES : Regina v Phuoc NGUYEN JUDGMENT OF : Ireland J at 33 & 35; Kirby J at 34; Carruthers AJ at 1-32

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 97/11/0288 LOWER COURT JUDICIAL OFFICER : Howie DCJ

COUNSEL : S R Norrish QC for the Appellant L M B Lamprati for the Crown SOLICITORS : Heenan & Co for the Appellant C K Smith for the Crown CATCHWORDS : Appeal against conviction ; Robbery with arms and wounding; Robbery in company; Whether convictions unsafe and unsatisfactory. ACTS CITED : Crimes Act, 1900 s 97 s 98. CASES CITED: Chamberlain v The Queen [No. 2] (1983-1984) 153 CLR 521 at 535 Bellhaven and Stenton Peerage (1875) 1 AC 278 at 279 DECISION : Appeal dismissed.

IN THE COURTOF CRIMINAL APPEAL 60312/98

IRELAND J KIRBY J CARRUTHERS AJ

FRIDAY 28 MAY 1999 REGINA v PHUOC NGUYEN JUDGMENT

1 CARRUTHERS AJ : The appellant Phuoc Nguyen (Nguyen) was arraigned before His Honour Judge Howie QC and a jury of twelve at the Sydney District Court on 16 February 1998 upon an indictment containing five counts. The first count (as amended) was that the appellant on or about 22 October 1996 at Cabramatta and Lansvale in this State, being in company with Phuc Thien Tran, to whom I shall hereafter refer as Tran, Dhan Tham Pham, to whom I shall hereafter refer as Pham, and Ngoc Huy Nguyen, to whom I shall herein after refer to as Nguyen, and a person unknown, did rob Billianson Sou, to whom I shall hereafter refer to as Sou, of certain property, to wit, a watch, a wallet, a driver's licence, membership cards of Medicare and two clubs, a set of keys and $30 in cash, the property of Sou, and that at the time of the robbery grievous bodily harm was inflicted upon Sou.