R v Nguyen [2005] NSWCCA 232

New South Wales Court of Criminal Appeal

CITATION: R v Nguyen [2005] NSWCCA 232

HEARING DATE(S): 20 May 2005

JUDGMENT DATE: 30 June 2005

JUDGMENT OF: Simpson J at 1; Buddin J at 38; Hall J at 39

DECISION: (i) leave granted to appeal against the sentences imposed in respect of the two offences of malicious damage to property and the offence of affray, but appeals dismissed; (ii) leave granted to appeal against the sentence imposed in respect of the offence against s33 of the Crimes Act 1900; (iii) appeal in respect of that sentence allowed; (iv) the sentence imposed in respect of that offence quashed and in lieu thereof the applicant sentenced to imprisonment for nine years and nine months, with a non-parole period of seven years and four months, commencing on 13 July 2004. The non-parole period to expire on 13 November 2011, and the head sentence on 12 April 2014.

CATCHWORDS: application for leave to appeal against severity of sentence - plea of guilty - maliciously inflicting grievous bodily harm with intent so to do - malicious damage - affray - prior criminal record - parity - comity - assessment of totality of the criminal conduct - applicant subject to parole revocation at the time of offence - also subject to sentence to be served by way of periodic detention - accumulation of sentences

Crimes Act 1900, s33 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999, s44(2)

R v Perre and Duncan [2005] NSWCCA 431 CASES CITED: R v Thomson; R v Houlton [2000] NSWCCA 309; 49 NSWR 383

Crown - Respondent PARTIES: Chi Binh Nguyen - Applicant

FILE NUMBER(S): CCA 2005/293

G Rowling - Crown COUNSEL: A Francis - Applicant