NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Nguyen v R [2008] NSWCCA 308
HEARING DATE(S): 5 December 2008
JUDGMENT DATE: 16 December 2008
JUDGMENT OF: McClellan CJ at CL at 1; Grove J at 2; Howie J at 40
DECISION: Appeal against sentence dismissed.
CATCHWORDS: CRIMINAL LAW AND PROCEDURE - Sentence - Co-offenders originally dealt with together - Subsequent quashing of sentences on one of them - New sentencing proceedings regarding that offender - New findings by resentencing judge - Appeal by other offender - Parity with co-offender's resentence - Resentence arguably inadequate - No justifiable grievance in the circumstances
LEGISLATION CITED: s 166 Criminal Procedure Act 1986
CATEGORY: Principal judgment
Hodges v R [1997] 95 A Crim R 85 Lowe v The Queen (1984) 154 CLR 606 Postiglione v The Queen (1997) 189 CLR 295 CASES CITED : R v Boney [2001] NSWCCA 432 R v Diamond (NSWCCA, unreported 18/2/93 R v Doggert (NSWCCA, unreported 24/3/96) R v Ilbay [2006] NSWCCA 251 R v Wei Pan [2005] NSWCCA 114
PARTIES: John NGUYEN - Applicant REGINA - Respondent/Crown
FILE NUMBER(S): CCA 2007/2788
COUNSEL: G N Whitehead - Applicant V Lydiard - Respondent/Crown
SOLICITORS: Nyman Gibson Stewart - Applicant S Kavanagh - Public Prosecutions
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 05/11/0835
LOWER COURT JUDICIAL OFFICER: Bennett DCJ
LOWER COURT DATE OF DECISION: 20 October 2006
IN THE COURT OF CRIMINAL APPEAL CCA 2007/2788
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