R v Huynh and Phung [2001] NSWSC 357

New South Wales Supreme Court

CITATION : R v Huynh and Phung [2001] NSWSC 357 revised - 15/05/2001 FILE NUMBER(S) : SC 70089/99; 70215/99 19/2/01-22/2/01 HEARING DATE(S) : 25/2/01 27/02/013/5/01 JUDGMENT DATE : 3 May 2001

Regina PARTIES : Thang Minh Huynh Johnny Phung (aka Luangrathbandit) JUDGMENT OF : Wood CJatCL at 1

LOWER COURT Supreme Court JURISDICTION : LOWER COURT FILE NUMBER(S) : LOWER COURT JUDICIAL OFFICER :

Crown: W. Dawe QC COUNSEL : Huynh: R. McCrudden Phung: R. Webb DPP SOLICITORS : Kalmath McGee I. McIntyre DECISION : Johnny Phung; a) For the offence of robbery when armed with a dangerous weapon of John Huu Vinh Tran, I sentence you to a fixed term of imprisonment for three years to date from 20 December 1998. I decline to set a non-parole period in relation to the sentence because of the sentence which I next impose;; b) For the offence of murder, taking into account the three offences on the Form 1, I sentence you to imprisonment for thirteen years to commence from 20 December 1999 and to expire on 19 December 2012, such sentence to be served partly cumulative upon and partly concurrently with the sentence for the armed robbery. I set a non-parole period of eight years, similarly to date from 20 December 1999 and to expire on 19 December 2007. The earliest date on which you will be eligible for release on parole will, accordingly, be 20 December 2007. ; Order under s19 of the Children (Criminal Proceedings) Act 1987 that you serve so much of your sentence until you attain the age of twenty-one years in a Juvenile Justice Centre. ; Thang Minh Huynh; a) For the offence of robbery when armed with a dangerous weapon of John Paul Nguyen, taking into account the nine months already served upon remand for the present offences, I sentence you to imprisonment for a fixed term of three years and three months. Such sentence is to commence on 16 September 2005, that is, on expiry of your existing non-parole period, and is itself to expire on 15 December 2008. I decline to set a non-parole period for that sentence by reason of the sentence I next impose. ; b) For the offence of accessory after the fact to murder, taking into account the offences on the Form 1, and again taking into account the remand custody, I sentence you to imprisonment for three years and three months to commence on 16 June 2007 and to expire on 15 September 2010. That sentence is to be served partly cumulatively upon and partly concurrently with the sentence for the armed robbery and similarly partly cumulatively upon and partly concurrently with the balance of the pre-existing sentence. I fix a non-parole period of 21 months to commence on 16 June 2007 and to expire on 15 March 2009. The earliest date on which you will be eligible for release on parole will accordingly be 16 March 2009.