NSW Caselaw
Reported Decision : 149 A Crim R 343
New South Wales Court of Criminal Appeal
CITATION : REGINA v Ngoc Anh aka John NGUYEN [2004] NSWCCA 332 HEARING DATE(S) : 22 September 2004 JUDGMENT DATE : 27 September 2004
JUDGMENT OF : Spigelman CJ at 1; Barr J at 63; Hoeben J at 64 DECISION : Appeal allowed
CATCHWORDS : CRIMINAL LAW - Perverting the course of justice by police officer - Crown appeal against manifest inadequacy of non-custodial sentence - Offender being a police officer is a relevant consideration, when offence committed in a private capacity - Denunciation entitled to more weight when sentencing a police officer for offence involving interference with the administration of justice Crimes Act 1900 LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999 National Parks and Wildlife Act 1974 R v Chapman (NSWCCA, unreported, 21 May 1998) R v Edwards (Victorian Full Court, unreported, 6 October 1981) R v Mostyn [2004] NSWCCA 97 R v Moyse (1988) 38 A Crim R 169 CASES CITED : R v Pilarinos [2001] VSCA 9 R v Way [2004] NSWCCA 131 R v Whelan [1997] VSCA 232 R v Wright (No 2) [1968] VR 174 at 181 R v Zamagias [2002] NSWCCA 17 PARTIES : Regina Ngoc Anh aka John Nguyen FILE NUMBER(S) : CCA 2004/2027 COUNSEL : G I O Rowling (Crown) D J Fagan SC (Respondent) SOLICITORS : S Kavanagh (Crown) S E O'Connor (Respondent)
LOWER COURT District Court JURISDICTION : LOWER COURT 04/03/2004 FILE NUMBER(S) : LOWER COURT Ellis DCJ JUDICIAL OFFICER :
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