NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Nguyen v Regina [2007] NSWCCA 14
HEARING DATE(S): 31/01/2007
JUDGMENT DATE: 7 February 2007
JUDGMENT OF: Sully J at 1; Howie J at 2; Price J at 20
DECISION: Application for leave to appeal is granted and the appeal allowed. The sentences imposed by Judge Hughes are quashed. On each count the applicant is sentenced to imprisonment for 8 years to date from 9 May 2005. There is to be a non-parole period of 6 years to expire on 8 May 2011, the date upon which the applicant is eligible to be released to parole.
CATCHWORDS: Criminal Law - Sentence - failure by Judge to properly apply principle of totality in accumulating sentences with sentence imposed by another court - errors in exercise of discretion in favour of applicant - no lesser sentence warranted.
Crimes Act 1900 - ss 61J(1), 97(1), 97(2) LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 - s 44 Criminal Appeal Act 1912 - s 6(3)
R v Nguyen [2002] NSWCCA 507 CASES CITED: R v MMK [2006] NSWCCA 272 Cahyadi v R [2007] NSWCCA 1 R v MAK and MSK [2006] NSWCCA 381
PARTIES: Thien Tho Nguyen v Regina
FILE NUMBER(S): CCA 2006/2583
COUNSEL: W. Dawe SC - Crown P. Hamill SC - Applicant
SOLICITORS: S. Kavanagh - Crown Andrews Solicitors - Applicant
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 05/21/3002
LOWER COURT JUDICIAL OFFICER: Hughes DCJ
LOWER COURT DATE OF DECISION: 09/12/2005
IN THE COURT OF CRIMINAL APPEAL 2006/2583
SULLY J HOWIE J PRICE J
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