R v Nguyen & Anor [2002] NSWCCA 507

New South Wales Court of Criminal Appeal

CITATION : R v Nguyen & Anor [2002] NSWCCA 507 FILE NUMBER(S) : CCA 60282/02; 60345/02 HEARING DATE(S) : 13 December 2002 JUDGMENT DATE : 19 December 2002

Regina PARTIES : Dai Phuc Nguyen Thien Tho Nguyen JUDGMENT OF : Sperling J at 1; Buddin J at 41

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 01/12/3443 02/21/3002 LOWER COURT JUDICIAL Morgan DCJ OFFICER :

Mr W Dawe QC for the Crown COUNSEL : Mr P Strickland for the Applicant in 60282/02 Mr H Dhanji for the Applicant in 60345/02 S E O'Connor for the Director of Public Prosecutions SOLICITORS : D J Humphreys for the Applicant in 60282/02 Voros Lawyers for the Applicant in 60345/02 CATCHWORDS : Criminal Law - sentencing - no question of principle LEGISLATION CITED : Crimes Act 1900, s95, s112 AEM [2002] NSWCCA 58 Blackman v Walters [2001] NSWCCA 121 DAR (Unreported, NSWCCA 1 October 1997 Hammoud (2000) 118 A Crim R 66 CASES CITED: Hearne (2001) 124 A Crim R 451 Li (Unreported, NSWCCA 9 July 1997) Mazzilli [2001] NSWCCA 117 Nichols (1991) 57 A Crim R 391 Pearce (1998) 194 CLR 610 Simpson (2001) 52 NSWLR 704 DECISION : Thien-Tho Nguyen: (1) Grant application for leave to appeal against sentence; (2) Appeal dismissed; Dai Phuc Nguyen: (1) Grant application for leave to appeal against sentence; (2) Appeal allowed; (3) Sentence set aside; (4) Re-sentence the applicant to a term of imprisonment of four years commencing on 22 March 2002, with a non-parole period of two years expiring on 21 March 2004, on which date the applicant is to be released; (5) Order that the sentences be served in a juvenile justice centre.