R v NGUYEN [2001] NSWCCA 334

New South Wales Court of Criminal Appeal

CITATION : R v NGUYEN [2001] NSWCCA 334 FILE NUMBER(S) : CCA 60659/00 HEARING DATE(S) : 29 May 2001 JUDGMENT DATE : 7 September 2001

PARTIES : Regina Loi Thi Nguyen JUDGMENT OF : Spigelman CJ at 1; Hulme J at 2; Howie J at 67

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 99/21/0278 LOWER COURT JUDICIAL English DCJ OFFICER :

COUNSEL : Crown: Mr P Hock Appellant: Mr DH Patch SOLICITORS : Crown: SE O'Connor Appellant: Brezniak Neil-Smith & Co

DECISION : Appeal dismissed

- 24 -IN THE COURT OF CRIMINAL APPEAL No 60659 of 2000

SPIGELMAN CJ HULME J HOWIE J Friday, 7 September 2001 REGINA -v-Loi Thi NGUYEN JUDGMENT

1 SPIGELMAN CJ: I agree with Hulme J. I also agree with the additional observations of Howie J. 2 HULME J: On 3 July 2000 this Appellant was charged that, on 6 November 1998 at Wiley Park, she knowingly took part in the supply of heroin. As particularised, and as put to the jury, the Crown case involved an actual supply by a cousin of the Appellant Manh Duc Nguyen on that date and at a flat occupied by the Appellant and that the Appellant suffered or permitted those premises to be so used that day with actual knowledge that heroin was being supplied. 3 The Appellant pleaded not guilty. On 13 July 2000 a jury convicted her and on 5 October Judge English sentenced the Appellant to 400 hours of community service. The grounds of appeal are:-

1. There was a miscarriage of justice because the verdict was unreasonable, or, having regard to the evidence, is incapable of being supported. The jury ought to have entertained a reasonable doubt as to the guilt of the Appellant.