NSW Caselaw
Reported Decision : 166 A Crim R 124
New South Wales Court of Criminal Appeal
CITATION: R v NGUYEN [2006] NSWCCA 369
HEARING DATE(S): 20/11/06
JUDGMENT DATE: 29 November 2006
JUDGMENT OF: James J at 1; Hidden J at 37; Hislop J at 38
DECISION: Appeal allowed - Sentence quashed - In lieu thereof, impose a head sentence of six years commencing on 16 May 2006, with a non-parole period of three years.
CATCHWORDS: Criminal Law - Appeal against sentence - importing prohibited imports- whether hardship to third persons relevant to the sentencing of an offender - "exceptional" hardship
Crimes Act 1914 (Cth) LEGISLATION CITED: Criminal Appeal Act 1912 Customs Act 1901 (Cth)
Anna Le v Regina [2006] NSWCCA 136 R v Bednarz [2000] NSWCCA 533 R v Byrne (1998) 104 A Crim R 456 CASES CITED: R v Girard [2004] NSWCCA 170 R v Sarca (unreported Court of Criminal Appeal 11 May 1993) R v Togias (2001) 127 A Crim R 23 R v X [2004] NSWCCA 93
PARTIES: Regina v Nhu Mai Huynh NGUYEN
FILE NUMBER(S): CCA 2006/2065
COUNSEL: Ms W Abraham QC - Appellant P Winch - Respondent
SOLICITORS: Commonwealth Director of Public Prosecutions - Appellant Legal Aid Commission of New Souoth Wales - Respondent
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 05/11/0905
LOWER COURT JUDICIAL OFFICER: Berman QC DCJ
LOWER COURT DATE OF DECISION: 4/08/ 2006
IN THE COURT OF CRIMINAL APPEAL 2006/2065
JAMES J HIDDEN J HISLOP J
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