NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Nguyen v Regina [2007] NSWCCA 226
HEARING DATE(S): 13 July 2007
JUDGMENT DATE: 30 July 2007
JUDGMENT OF: Giles JA at 1; Latham J at 52; Mathews AJ at 53
DECISION: Leave to appeal granted. Appeal dismissed.
CATCHWORDS: Sentencing - importations of drugs - various participants - various charges - other participants sentenced first - applicant then sentenced - other participants' sentences reduced on appeal - whether was a justified disparity grievance - reductions were to bring parity with applicant's sentence - complaint of disparity did not compare like with like - no justified grievance - no error in regard to uncharged criminal conduct - sentence not excessive.
LEGISLATION CITED: Customs Act 1901, s 233B Drug Misuse and Trafficking Act 1985, s 25(2)
Lowe v The Queen (1984) 154 CLR 606; Postiglione v The Queen (1996) 189 CLR 295; R v Ismunandar (2002) 136 A Crim R 206' CASES CITED: R v Li [2005] NSWCCA 154; R v Nguyen, Pham, To and Vu [2004] NSWSC 144; R v Nguyen, Pham, Vu and To (2005) 157 A Crim R 80; Weininger v The Queen (2003) 212 CLR 629.
PARTIES: Dinh Minh Nguyen - Applicant The Crown - Respondent
FILE NUMBER(S): CCA 569/2007
COUNSEL: P Hamill SC - Applicant D G Staehli SC - Respondent Crown
SOLICITORS: Hardinlaw - Applicant Commonwealth Director of Public Prosecutions - Crown
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC 984/04
LOWER COURT JUDICIAL OFFICER: Shillington DCJ
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