NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : Regina v Bieu Vinh HUA [2002] NSWCCA 384 FILE NUMBER(S) : CCA 60095/02 HEARING DATE(S) : 12 September 2002 JUDGMENT DATE : 12 September 2002
PARTIES : Bieu Vinh HUA - Appellant Crown - Respondent JUDGMENT OF : Wood CJ at CL at 24; Smart AJ at 1
LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 01/21/0348 LOWER COURT JUDICIAL Nield DCJ OFFICER :
COUNSEL : H. Dhanji - Appellant D. Woodburne - Crown SOLICITORS : D.J. Humphreys - Appellant S.E. O'Connor - Crown CATCHWORDS : Sentencing - steal from the person - taking into account factors which would constitute robbery - accumulation of sentences. Crimes Act 1900 LEGISLATION CITED : Criminal Appeal Act 1912 Criminal Procedure Act 1986 R v de Simoni (1981) 147 CLR 383 R v Delk (1999) 46 NSWLR 340 CASES CITED: R v Stewart [1929] SASR 500 Ibbs v The Queen (1987) 163 CLR 447 Pearce v The Queen (1998) 194 CLR 610 DECISION : See paragraphs 23 and 24
IN THE COURT OF CRIMINAL APPEAL 60095/02
WOOD CJ at CL SMART AJ
Thursday 12 September 2002 REGINA v Bieu Vinh HUA Judgment 1. SMART AJ: Bieu Vinh Hua seeks leave to appeal against a sentence of imprisonment for 3 years with a non-parole period of 18 months for the offence of steal from the person. He was also sentenced to a fixed term of 11 months imprisonment for the offence of demand money with menaces to be served concurrently.
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