NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: R v HUYNH [2008] NSWCCA 16
HEARING DATE(S): 4 February 2008
JUDGMENT DATE: 8 February 2008
JUDGMENT OF: McClellan CJ at CL at 1; Grove J at 2; Fullerton J at 32
Crown appeal allowed DECISION: Sentence in District Court quashed Resentenced
CATCHWORDS: CRIMINAL LAW AND PROCEDURE - Sentence - Courier importing heroin secreted internally within her body - Conduct undertaken for reward so as to reduce gaming debts - Erroneous finding of duress - Inadequacy of sentence - Assessment below detectable pattern - Apparent overestimation of mitigatory factors - Crown appeal allowed
LEGISLATION CITED: Crimes Act 1914
CATEGORY: Principal judgment
Everett v The Queen (1994) 181 CLR 295 Mulato v R [2006] NSWCCA 282 CASES CITED : R v Chew [2004] NSWCCA 26 R v Dang [2004] NSWCCA 269 R v Le [2006] NSWCCA 136 Regina v To [2007] NSWCCA 200
PARTIES: REGINA (Appellant) Thi Thu Trang HUYNH (Respondent)
FILE NUMBER(S): CCA 2007/4428
COUNSEL: M Wigney SC (Appellant) C Davenport SC (Respondent)
SOLICITORS: Commonwealth Director of Public Prosecutions (Appellant) Legal Aid Commission (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 07/11/0553
LOWER COURT JUDICIAL OFFICER: Woods DCJ
LOWER COURT DATE OF DECISION: 13 September 2007
IN THE COURT OF CRIMINAL APPEAL CCA 2007/4428
McCLELLAN CJ at CL GROVE J FULLERTON J 8 February 2008 REGINA v Thi Thu Trang HUYNH Judgment
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