NSW Caselaw
New South Wales Supreme Court
CITATION : REGINA v. NGUYEN [2002] NSWSC 536 CURRENT JURISDICTION: Criminal FILE NUMBER(S) : SC No. 70018 of 2002 HEARING DATE(S) : 23/05/2002; 14/06/2002 JUDGMENT DATE : 14 June 2002
PARTIES : REGINA v. NGUYEN, Minh Hau JUDGMENT OF : Greg James J at 1
COUNSEL : Crown: P. Conlon Off: A. Haesler/J. Weir SOLICITORS : Crown: S.E. O'Connor Off: P. Murphy CATCHWORDS : Criminal law - sentence - manslaughter - malicious wounding - excessive self-defence against robbers - offender on parole - possession of unregistered firearm dealt with on Form 1 requires more than minimial regard - prospects for rehabilitation - appropriateness of backdate - special circumstances - 50% non-parole period - application of Regina v. Pearce. Crimes Act 1900 LEGISLATION CITED : Home Invasion (Occupants Protection) Act 1998 Crimes (Sentencing Procedure) Act 1999 CASES CITED : Previtera (1997) 94 A. Crim. R. 76 Pearce (1998) 194 CLR 610 DECISION : Count 1 - A sentence of seven years imprisonment to commence 16.5.01 and to expire 15.5.08. There should be a non-parole period of three and a half years to commence 16.5.01 and to expire 15.11.04. Count 2 - A fixed term of imprisonment to date from 16.5.01 of three years. Count 3 - A fixed term of imprisonment of two years. Count 4 - A fixed term of imprisonment of two years. On Counts 3 and 4, the fixed term is to commence on 16.5.01 and are to be served wholly concurrently with the non-parole period imposed on Count 1.
IN THE SUPREME COURT OF NEW SOUTH WALES CRIMINAL DIVISION
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