R v Hung Duc Dang [2001] NSWCCA 321

New South Wales Court of Criminal Appeal

CITATION : R v Hung Duc Dang [2001] NSWCCA 321 FILE NUMBER(S) : CCA 60035/2001 HEARING DATE(S) : 21 August 2001 JUDGMENT DATE : 31 October 2001

PARTIES : Regina Hung Duc Dang JUDGMENT OF : Beazley JA at 1; Wood CJ at CL at 2; Carruthers AJ at 62

LOWER COURT JURISDICTION : Supreme Court LOWER COURT FILE NUMBER(S) : 70214/99 LOWER COURT JUDICIAL Bruce James J OFFICER :

COUNSEL : S J Odgers SC R D Cogswell SC with Ms B Baker SOLICITORS : Kremner Townsend S E O'Connor CATCHWORDS : CRIMINAL LAW - appeals - appeal against conviction - appeal against sentence - manslaughter - robbery in company - use of offensive weapon to prevent lawful apprehension - whether conviction supported by the evidence - whether murder part of joint criminal enterprise - whether use of knife other than in self defence was in the contemplation of the appellant - no miscarriage of justice - whether sentence manifestly excessive. LEGISLATION CITED : Crimes Act 1900 ss 19A, 33B, 97(1) Criminal Appeal Act 1912 s 6 DECISION : (1) Appeal against conviction dismissed. ; (2) Leave to appeal sentence granted, but appeal dismissed.; (3) Conviction and sentence below confirmed.

IN THE COURT OF CRIMINAL APPEAL

No. 60035 of 2001

BEAZLEY JA WOOD CJ at CL CARRUTHERS AJ WEDNESDAY 31ST OCTOBER 2001 Regina v Hung Duc DANG

The appellant was indicted on one charge of murder (s 19A Crimes Act 1900), robbery in company (s 97(1) Crimes Act 1900), and use of an offensive weapon to prevent lawful apprehension (s 33B Crimes Act 1900). The appellant pleaded guilty to the second and third counts and not guilty to the count of murder. Following a trial by jury the appellant was found not guilty of murder, but guilty of manslaughter. He was sentenced to concurrent fixed terms of two and two and a half years respectively for the first two counts and a cumulative sentence of seven and a half years for the offence of manslaughter.