REGINA v. HUYNH [2003] NSWCCA 239

New South Wales Court of Criminal Appeal

CITATION : REGINA v. HUYNH [2003] NSWCCA 239 HEARING DATE(S) : Monday 1 September 2003 JUDGMENT DATE : 1 September 2003

JUDGMENT OF : Dunford J at 23; Greg James J at 1 DECISION : It is appropriate for this court to intervene and to pass in lieu of the sentence passed by the learned trial judge a sentence of six and a half years to date from 15 October 2003 and to expire on 14 April 2010 with a non-parole period of four years to commence on 15 October 2003 and to expire on 14 October 2007. The sentence for the offence of assault occasioning actual bodily harm of a two year fixed term should stand but commence upon 15 October 2002 and expire on 14 October 2004. This would mean that there would be an overall sentence of some seven and a half years imprisonment with a five year non-parole period. The sentence would commence on 15 October 2002 and expire on 14 October 2010, the non-parole period to commence the same date but would expire on 14 October 2007. The earliest date upon which the applicant might be eligible for parole would be 14 October 2007.

CATCHWORDS : Criminal law - sentence - appeal - objective circumstances - multiple offences - cumulation - sentence for one offence excessive - sentence reduced. LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999 CASES CITED : Pearce (1998) 194 CLR 610 PARTIES : REGINA v. HUYNH, Tai Van FILE NUMBER(S) : CCA No. 60162 of 2003 COUNSEL : Crown: P. Miller App: S. Corish SOLICITORS : Crown: S.E. O'Connor App: D.J. Humphreys

LOWER COURT District Court JURISDICTION : LOWER COURT 02/21/0072 FILE NUMBER(S) : LOWER COURT Nield, DCJ. JUDICIAL OFFICER :