Regina v Vu [2003] NSWCCA 316

New South Wales Court of Criminal Appeal

CITATION : Regina v Vu [2003] NSWCCA 316 HEARING DATE(S) : 31/10/03 JUDGMENT DATE : 31 October 2003

JUDGMENT OF : Spigelman CJ at 39, 41; O'Keefe J at 2; Greg James J at 40 DECISION : Leave to appeal granted; Appeal against severity of sentence allowed; In lieu of sentence imposed below the following is substituted: (1) In respect of the offence of 3 January 2002 a fixed term of imprisonment commencing on 26 June 2002 and terminating on 25 December 2002 is imposed; (2) In respect of the offence of 8 January 2002, imprisonment for a period of four years commencing on 26 June 2002 and terminating on 25 June 2006 is imposed, in respect of which a non-parole period of two and a half years is fixed, to expire on 25 December 2004.

CATCHWORDS : Criminal law - Appeal against sentence - Supply heroin - Early plea of guilty - Connection between offences - Concurrent rather than cumulative sentences - Parity - Special circumstances - Judicial Commission statistics Crimes (Sentencing Procedure) Act 1999: ss 44, 45 LEGISLATION CITED : Criminal Appeal Act 1912: s 6(3) Drug Misuse and Trafficking Act 1985: s 25 Listening Devices Act 1984 Dinsdale v The Queen (2000) 202 CLR 321 House v The King (1936) 55 CLR 499 CASES CITED : Lowe v Regina (1984) 154 CLR 606 Postiglione v The Queen (1996-1997) 189 CLR 295 Regina v Simpson (2001) 53 NSWR 704 Regina v Thomson; Regina v Houlton (2000) 49 NSWLR 383 PARTIES : Regina Tuan Chan Vu FILE NUMBER(S) : CCA 60247/03 COUNSEL : Applicant: P R Boulton SC Respondent: D M Howard SOLICITORS : Applicant: Mark Klees & Associates Respondent: C K Smith