NSW Caselaw
Reported Decision: 189 A Crim R 454
New South Wales Court of Criminal Appeal
CITATION: NGUYEN, Duc Quang v R [2008] NSWCCA 219
HEARING DATE(S): 18 July 2008
JUDGMENT DATE: 30 October 2008
JUDGMENT OF: McClellan CJ at CL at 1; Hidden J at 2; Fullerton J at 3
DECISION: 1. Leave to appeal granted. 2. Appeal dismissed.
CATCHWORDS: CRIMINAL LAW - appeal against sentence - break and enter with intent to commit serious indictable offence in circumstances of aggravation - connection between mental illness and offending - finding of future risk to community - whether sentence manifestly excessive
LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
CATEGORY: Principal judgment
Allen v R [2008] NSWCCA 11 Ma and Pham v R [2007] NSWCCA 240 R v Arnold [2004] NSWCCA 294 R v Haines [2004] NSWCCA 294 CASES CITED : R v Hemsley [2004] NSWCCA 228 R v Hughes [2005] NSWCCA 117 R v Pham [2005] NSWCCA 314 R v Way [2004] NSWCCA 131; 60 NSWLR 168 R v Wicks [2005] NSWCCA 213 Veen v The Queen (No 2) (1988) 164 CLR 465
PARTIES: Duc Quang Nguyen (App) The Crown (Resp)
FILE NUMBER(S): CCA 2007/3870
COUNSEL: I Nash (App) P Ingram (Resp)
SOLICITORS: Legal Aid Commission of NSW (App) Director of Public Prosecutions (Resp)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 07/21/3074
LOWER COURT JUDICIAL OFFICER: Sides DCJ
LOWER COURT DATE OF DECISION: 24 August 2007
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