Le v R [2007] NSWCCA 330

New South Wales Court of Criminal Appeal

CITATION: Le v R [2007] NSWCCA 330

HEARING DATE(S): 23 November 2007

JUDGMENT DATE: 23 November 2007

JUDGMENT OF: McClellan CJ at CL at 1; Hall J at 2; Price J at 4

EX TEMPORE JUDGMENT DATE: 23 November 2007

DECISION: 1. Leave to appeal be granted if required. 2. Appeal allowed. 3. The sentences imposed on counts 1, 2, 3 and 4 be quashed. 4. The matter be remitted to the District Court to there be heard and determined by a Judge of that Court according to law. 5. As the sentencing Judge accepted Nguyen's evidence the sentencing proceedings are to be commenced again so far as the applicant is concerned before another Judge of the District Court.

CATCHWORDS: Criminal law - sentencing - procedural fairness - duress - evidence of a co-offender taken in the absence of the applicant and legal representatives - procedural fairness denied.

Crimes Act 1900 s 86(3), s 97 LEGISLATION CITED: Criminal Appeal Act 1912 s 6(3) Crimes (Sentencing Procedure) Act 1999 s 21A(3)(d)

PARTIES: William Le Regina

FILE NUMBER(S): CCA 2006/5187

COUNSEL: M Dennis (Applicant) N Adams (Crown)

SOLICITORS: S O'Connor (Applicant) S Kavanagh Solicitor for Public Prosecutions (Respondent)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 05/11/0832

LOWER COURT JUDICIAL OFFICER: Bennett DCJ

LOWER COURT DATE OF DECISION: 20 October 2006

LOWER COURT MEDIUM NEUTRAL CITATION: Regina v William Le

IN THE COURT OF CRIMINAL APPEAL 2006/5187