NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: LY v REGINA [2007] NSWCCA 28
HEARING DATE(S): 16 January 2007
JUDGMENT DATE: 16 February 2007
JUDGMENT OF: Adams J at 1; Howie J at 24; Price J at 25
DECISION: (i) leave to appeal is granted; (ii) the sentence on count 32 is quashed and substituted therefor is a sentence of two years' imprisonment commencing on 7 July 2006 and expiring on 6 July 2008; (iii) the sentence on count 33 is quashed and substituted therefor is a sentence of three years' imprisonment commencing on 7 July 2009 and expiring on 6 July 2012; (iv) the sentence on count 34 is quashed and substituted therefor is a sentence of two years' and six months' imprisonment commencing on 1 January 2008 and expiring on 30 June 2010; (v) the non-parole period is quashed and substituted in lieu thereof a non-parole period of four years commencing on 7 July 2006 and expiring on 6 July 2010, which is the earliest date upon which the applicant is eligible to be released on parole; (vii) in other respects the appeal is dismissed.
CATCHWORDS: Sentence appeal - fradulent tax returns submitted by tax agent - whether relevant psychiatric condition - proportion of non-parole period to overall sentence - usual case - appropriate range 60% - 66% for Commonwealth offences
LEGISLATION CITED: Crimes Act 1914 s29(D) Criminal Code Act 1995 s134.2
R v Acosta [1999] NSWCCA 334 R v Bernier (1998) 102 A Crim R 44 CASES CITED: R v PP (2003) 142 A Crim R 369 R v Storey (1996) [1998] 1 VR 359 at 366 Webb v O'Sullivan (1952) SASR 65
PARTIES: Huy Hoang LY REGINA
FILE NUMBER(S): CCA 2006/2747
COUNSEL: P Byrne QC with J R Young (Applicant) L K Crowley (Crown)
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate