Huynh v R [2006] NSWCCA 224

New South Wales Court of Criminal Appeal

CITATION: Huynh v R [2006] NSWCCA 224

HEARING DATE(S): 24 March 2006

JUDGMENT DATE: 28 July 2006

JUDGMENT OF: Hidden J at 1; Kirby J at 23; Hislop J at 24

DECISION: Leave to appeal granted, appeal dismissed.

CATCHWORDS: CRIMINAL LAW: Application for leave to appeal against sentence - parity of sentence - aggravating features - accumulation of sentence - special circumstances

LEGISLATION CITED: s21A(2) Crimes (Sentencing Procedure) Act 1999

R v Kelly [2005] NSWCCA 280 CASES CITED: Veen v The Queen (No 2) (1998) 164 CLR 465 R v Hathaway [2005] NSWCCA 368

PARTIES: Han Hoai HUYNH REGINA

FILE NUMBER(S): CCA 2005/2016

COUNSEL: Applicant: D Carroll Crown: J Dwyer

SOLICITORS: Applicant: S O'Connor Respondent: S Kavanagh

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 03/21/3025

LOWER COURT JUDICIAL OFFICER: Hock DCJ

LOWER COURT DATE OF DECISION: 10 September 2004

IN THE COURT OF CRIMINAL APPEAL 2005/2016

HIDDEN J KIRBY J HISLOP J

Friday 28 July 2006 Han Hoai HUYNH v REGINA Judgment 1 HIDDEN J: After a trial in the District Court the applicant, Han Hoai Huynh, was found guilty of robbery whilst armed with a dangerous weapon, an offence under s97(2) of the Crimes Act which carries a maximum sentence of imprisonment of twenty-five years. He was sentenced to imprisonment for nine years, with a non-parole period of five and a half years, to commence on 25 March 2005. That sentence was partly accumulated upon a sentence which he was then serving, and to which it will be necessary later to refer. He seeks leave to appeal against the sentence. He had been tried jointly with a co-offender, Tu Anh Pham, who was also found guilty and sentenced to the same term of imprisonment as the applicant.