Duong Hai Nguyen v R, ATCN v R, Khanh Hoang Nguyen v R, Minh Thy Huynh v R. [2007] NSWCCA 363

Reported Decision: 180 A Crim R 267

New South Wales Court of Criminal Appeal

CITATION: Duong Hai Nguyen v R, ATCN v R, Khanh Hoang Nguyen v R, Minh Thy Huynh v R. [2007] NSWCCA 363

HEARING DATE(S): 14 September 2007

JUDGMENT DATE: 21 December 2007

JUDGMENT OF: Mason P at 1; Adams J at 2; Smart AJ at 3

DECISION: See para 150

CATCHWORDS: Charges of murder and maliciously inflict grievous bodily harm with intent. Correct directions as to extended joint enterprise for murder and manslaughter. Directions given deficient. Challenges to admission of identification evidence rejected. Identification evidence strong. No unfair prejudice in its admission. Duong Hai Nguyen as the shooter and principal offender correctly convicted of murder. Overlooking of jury note and not answering request for further directions or telling parties of note. New trials ordered for alleged other offenders. Sentence. Offence of murder of Duong Hai Nguyen classified as mid-range and not substantially above mid-range. Sentence reduced accordingly. Sentences for murder and maliciously inflict grievous bodily harm with intent partially cumulative. No special circumstances other than accumulation. Parole period one-third of total non-parole periods.

LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Evidence Act 1995

Carusi (1997) 92 A Crim R 52 55 Clayton v The Queen [2006]HCA 58 Hui Chi-Ming v The Queen [1992] 1 AC 34 CASES CITED: McAuliffe v The Queen (1995) 183 CLR 108 R v Sharah 1992 30 NSWLR 292 Reg v Hyde [1991] 1 QB 134 Smith v The Queen 206 CLR 650

PARTIES: Duong Hai Nguyen v R, ATCN v R, Khanh Hoang Nguyen v R, Minh Thy Huynh v R