NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: R v Huynh [2005] NSWCCA 220
HEARING DATE(S): 30 May 2005
JUDGMENT DATE: 17 June 2005
JUDGMENT OF: Simpson J at 1; Barr J at 49; Latham J at 50
DECISION: (i) leave to appeal granted; (ii) appeal allowed, sentence imposed in the District Court quashed; (iii) in lieu thereof the applicant sentenced to a non-parole period of three years and three months commencing on 2 April 2004 and expiring on 1 July 2007, and a balance of term of two years and one month, expiring on 1 August 2009.
CATCHWORDS: application for leave to appeal against sentence - aggravated break, enter and commit a serious indictable offence - plea of guilty - standard non-parole period - standard non-parole period applicable to sentencing after trial - departure from standard non-parole period - finding of special circumstances - failure to give effect to finding of special circumstances - discount for plea of guilty - whether offence middle of the range of gravity of offences of its kind - element of the offences wrongly taken into account as a circumstance of aggravation - whether sentence manifestly excessive
Crimes Act 1900, s4, s112(2) Crimes (Sentencing Procedure) Act 1999, s21A, s44, Part 4, Division 1A, Subs54A(2), S54B LEGISLATION CITED: Crimes (Sentencing Procedure) Amendment (Standard Minimum Sentencing) Act 2002 Probation and Parole (Serious Offences) Amendment Act 1987, s5, s20A Sentencing Act 1989, s5
R v Moffitt (1990) 20 NSWLR 114 CASES CITED: R v Thomson; R v Houlton [2000] NSWCCA 309; 49 NSWLR 383 Regina v Way [2004] NSWCCA 131; 60 NSWLR 168
Crown - Respondent PARTIES: Applicant - Quang Thanh Huynh
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