NSW Caselaw
Reported Decision: 169 A Crim R 22
New South Wales Court of Criminal Appeal
CITATION: Phan v R [2007] NSWCCA 42
HEARING DATE(S): 7 February 2007
JUDGMENT DATE: 27 February 2007
JUDGMENT OF: Simpson J at 1; Howie J at 50; Buddin J at 51
DECISION: Leave to appeal granted; appeal dismissed.
CATCHWORDS: CRIMINAL LAW - sentencing - application for leave to appeal against sentences - supply prohibited drug - possession prohibited firearm - carry firearm in a manner likely to injure a person or property - pleas of guilty - special circumstances - statutory proportions of sentences - purpose of finding of special circumstances - multiple offences - accumulated or partially accumulated terms of sentences - whether sentences manifestly excessive - procedural fairness
Crimes Act 1900, s93G(1)(c) LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999, Part 4, Division 1A, s21A, s44(1), s44(2), s54B Drug Misuse and Trafficking Act 1985, s3, s25(1), s29, s32(1) Firearms Act 1996, s7(1)
Fairbairn v R [2006] NSWCCA 337 Pearce v The Queen [1998] HCA 57; 194 CLR 610 R v Huynh [2005] NSWCCA 220 CASES CITED: R v Moffitt (1990) 20 NSWLR 114 R v Musgrove [2007] NSWCCA 21 R v Thomson; R v Houlton [2000] NSWCCA 309; 49 NSWLR 383 R v Way [2004] NSWCCA 131; 60 NSWLR 168
PARTIES: Hai Tu Truong Phan - Applicant Crown - Respondent
FILE NUMBER(S): CCA 2006/2457
COUNSEL: H Dhanji - Applicant R Herps - Respondent
SOLICITORS: SE O'Connor - Applicant S Kavanagh - Respondent
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