NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Nguyen (Dinh Them) v Regina [2006] NSWCCA 253
HEARING DATE(S): 2 August 2006
JUDGMENT DATE: 25 August 2006
JUDGMENT OF: Beazley JA at 1; Hulme J at 2; Hislop J at 4
DECISION: 1. Grant leave to appeal and allow the appeal; 2. Quash the sentence appealed from and, in lieu thereof, sentence the applicant to imprisonment for a non parole period of 6 years and 9 months commencing on 29 January 2004 and expiring on 28 October 2010 and a balance of sentence of 2 years and 3 months to commence on 29 October 2010 and expire on 28 January 2013.
CATCHWORDS: Criminal law - Sentence - Cultivation of cannabis plants - Large commercial quantity - Parity.
LEGISLATION CITED: Drug Misuse and Trafficking Act 1985 - ss 23(2), 33(3)(b).
Bao Nguyen v R [2005] NSWCCA 448 CASES CITED: Lowe v The Queen (1984) 154 CLR 606 Postiglione v The Queen (1996 – 1997) 189 CLR 295 R v Kelly (2005) 155 A Crim R 499
PARTIES: Applicant - Dinh Them Nguyen Respondent - Regina
FILE NUMBER(S): CCA 2006/1187
COUNSEL: Applicant - Mr S Odgers SC Respondent - Ms J Dwyer
SOLICITORS: Applicant - The Law Practice Respondent - Director of Public Prosecutions (New South Wales)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 04/11/1380
LOWER COURT JUDICIAL OFFICER: Finnane DCJ
LOWER COURT DATE OF DECISION: 16 December 2005
- 1 - IN THE COURT OF CRIMINAL APPEAL 2006/1187
BEAZLEY JA HULME J HISLOP J
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