R v NGUYEN [2004] NSWCCA 155

New South Wales Court of Criminal Appeal

CITATION : R v NGUYEN [2004] NSWCCA 155 HEARING DATE(S) : 12 May 2004 JUDGMENT DATE : 12 May 2004

JUDGMENT OF : Hodgson JA; Levine J; Howie J DECISION : Appeal dismissed

CATCHWORDS : Criminal law - Crown appeal - supply large commercial quantity (heroin) - supply cocaine - role of respondent - no basis for intervention LEGISLATION CITED : s25 Drugs Misuse and Trafficking Act 1985 CASES CITED : R v Hernando (2002) 136 A Crim R 451 R v MacDonnell [2002] NSWCCA 34 REGINA (Appellant)

PARTIES : v

TAM VAN NGUYEN (Respondent) FILE NUMBER(S) : CCA 60498 of 2003 D Arnott (Appellant) COUNSEL : P G Fisher (Respondent) S Kavanagh (Appellant) SOLICITORS : S O'Connor (Respondent)

LOWER COURT District Court JURISDICTION : LOWER COURT 02/11/0972 FILE NUMBER(S) : LOWER COURT Shillington DCJ JUDICIAL OFFICER :

- 1 - IN THE COURT OF CRIMINAL APPEAL 60498 of 2003

HODGSON JA LEVINE J HOWIE J

Wednesday 12 May 2004 REGINA v TAM VAN NGUYEN Judgment 1 THE COURT: This is an appeal by the Director of Public Prosecutions pursuant to s5D Criminal Appeal Act 1912 against the sentence imposed by his Honour Judge Shillington QC at the Sydney District Court on 14 November 2003. The Director gave notice of the appeal on 5 December of that year. 2 On Wednesday 12 May 2004 the Court ordered that the Crown appeal be dismissed undertaking to provide its reasons later. 3 These are the Court's reasons. 4 On 4 August 2003 the respondent was found guilty after a trial lasting approximately 4 weeks of the following offences: