NGUYEN Huu v R [2007] NSWCCA 94

New South Wales Court of Criminal Appeal

CITATION: NGUYEN Huu v R [2007] NSWCCA 94

HEARING DATE(S): 12 March 2007

JUDGMENT DATE: 5 April 2007

JUDGMENT OF: McClellan CJ at CL at 1; Hulme J at 2; Hislop J at 35

DECISION: Grant leave to appeal; Dismiss the appeal

PARTIES: Huu Chien NGUYEN Regina

FILE NUMBER(S): CCA 2007/0319

COUNSEL: Crown: Mr P Ingram Applicant: Mr G Jones

SOLICITORS: Crown: S Kavanagh Applicant: T Pham

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 06/21/3063

LOWER COURT JUDICIAL OFFICER: Maguire DCJ

- 10 - IN THE COURT OF CRIMINAL APPEAL 2007/0319

McCLELLAN CJ AT CL HULME J HISLOP J Thursday, 5 April 2007 Huu Chien NGUYEN v REGINA Judgment 1 McCLELLAN CJ at CL: I agree with the orders proposed by Hulme J and but for one matter, his Honour's reasons. In my opinion the analysis which Hulme J undertakes in this matter is not relevantly inconsistent with the approach of this Court in R v Godden [2005] NSWCCA 160 or Quan v R [2006] NSWCCA 382. 2 HULME J: On 19 April 2006, the above named Applicant pleaded guilty at the Liverpool Local Court to a charge that between 1 November 2005 and 14 February 2006 he did cultivate 278 cannabis plants being not less than the commercial quantity applicable to that prohibited plant. On 20 June 2006 the Applicant appeared before Judge Maguire on that charge and on 18 August 2006 his Honour sentenced the Applicant to "a minimum term of 15 months imprisonment (and) … to a further term of 15 months of imprisonment". The "minimum term" was of course a misnomer for "non-parole period" but nothing turns on that error.