NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Bui v R [2008] NSWCCA 343
HEARING DATE(S): 24 October 2008 JUDGMENT OF: McClellan CJ at CL at 27; Nettle AJA at 2; Simpson J at 28
EX TEMPORE JUDGMENT DATE: 24 October 2008
DECISION: Grant leave to appeal but dismiss the appeal.
CATCHWORDS: CRIMINAL LAW - appeal against sentence - whether sentencing judge erred by quantifying the discount afforded for guilty plea and assistance separate to other sentencing considerations - combined discount for guilty plea and assistance - whether sentencing judge deviated from instinctive synthesis approach - appeal dismissed
Customs Act 1901 (Cth) LEGISLATION CITED: Criminal Code 1995 (Cth) Drug Misuse and Trafficking Act 1985 (NSW) Crimes Act 1914 (Cth)
CATEGORY: Principal judgment
Markarian v R (2005) 228 CLR 357 R v Gallagher (1991) 23 NSWLR 220 CASES CITED : R v Mo (2007) 169 A Crim R 60 R v Thomson & Houlton (2000) 49 NSWLR 383 R v Pham (1991) 55 A Crim R 128
PARTIES: Hoang Anh Bui (applicant) The Crown
FILE NUMBER(S): CCA 2007/4531
COUNSEL: G D Wendler (Applicant) W J Abraham QC (Crown)
SOLICITORS: AKN & Associates (Applicant) Commonwealth Director of Public Prosecutions
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 06/11/0672 06/21/0159
LOWER COURT JUDICIAL OFFICER: Freeman DCJ
LOWER COURT DATE OF DECISION: 5 October 2007
IN THE COURT OF CRIMINAL APPEAL 2007/4531
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