NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : REGINA v. NGUYEN [2002] NSWCCA 267 FILE NUMBER(S) : CCA No. 60675 of 2001 HEARING DATE(S) : Friday 28 June 2002 JUDGMENT DATE : 28 June 2002
PARTIES : REGINA v. NGUYEN, Freedom JUDGMENT OF : Giles JA at 1; Dunford J at 24; Greg James J at 3
LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 01/21/3145 LOWER COURT JUDICIAL Coleman, DCJ. OFFICER :
COUNSEL : Crown: D.M. Woodburne App: T.J. Golding SOLICITORS : Crown: S.E. O'Connor App: D.J. Humphreys CATCHWORDS : Criminal law - appeal - sentence - robbery in company - application of guideline judgment in Regina v. Henry - sentence excessive having regard to objective circumstances. LEGISLATION CITED : Criminal Appeal Act 1912 Crimes (Sentencing Procedure) Act 1999 Henry (1999) 46 NSWLR 346 CASES CITED: Murchie (1999) NSWCCA 424 House (1936) 55 CLR 499 DECISION : Application for leave to appeal against sentence allowed; appeal upheld; the sentence passed by the learned trial judge be quashed; in lieu thereof the applicant be sentenced to imprisonment for two years to date from 28 August 2001 and to expire on 27 August 2003 with a non-parole period of 12 months fixed in relation to that sentence to expire on 27 August 2002. The applicant's release on parole at the expiration of the non-parole period should be directed.
IN THE COURT OF CRIMINAL APPEAL No. 60675 of 2001
GILES, JA. DUNFORD, J. GREG JAMES, J.
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