NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: DO, Van Nghiem v R [2008] NSWCCA 34
HEARING DATE(S): 11 February 2008
JUDGMENT DATE: 28 February 2008
JUDGMENT OF: McClellan CJ at CL at 1; Grove J at 2; Simpson J at 3
DECISION: 1. Leave to appeal granted; 2. Appeal allowed; 3. Sentence imposed in the District Court on 17 August 2006 be quashed, and in lieu thereof the applicant be sentenced to imprisonment for 6 years and 6 months, made up of a non-parole period of 3 years and 6 months, commencing on 5 October 2005 and expiring on 4 April 2009, and an additional term of 3 years commencing on 4 April 2009 and expiring on 4 April 2012.
CATCHWORDS: CRIMINAL LAW – appeal against sentence – supply of not less than the commercial quantity of a prohibited drug methylamphetamine – plea of not guilty – parity principle – additional offences of co-offender
LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Drug Misuse and Trafficking Act 1985
CATEGORY: Principal judgment
R v De Simoni [1981] HCA 31; 147 CLR 383 R v Thomson; R v Houlton [2000] NSWCCA 309; 49 NSWLR 383 CASES CITED : R v Way [2004] NSWCCA 131; 60 NSWLR 168 The Queen v Lowe [1984] HCA 46; (1984) 154 CLR 606 The Queen v Postiglione [1997] HCA 26; (1997) 189 CLR 295
PARTIES: Van Nghiem Do (Applicant) Regina (Respondent)
FILE NUMBER(S): CCA 2006/5141
COUNSEL: G D Wendler (Applicant) N Adams (Respondent)
SOLICITORS: AKN & Associates (Applicant) S Kavanagh - Solicitor for Public Prosecutions (Respondent)
LOWER COURT JURISDICTION: District Court
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