Regina v Nguyen [2008] NSWCCA 113

New South Wales Court of Criminal Appeal

CITATION: Regina v Nguyen [2008] NSWCCA 113

HEARING DATE(S): 21/05/2008

JUDGMENT DATE: 4 June 2008

JUDGMENT OF: James J at 1; Hoeben J at 2; Hall J at 59

The Crown appeal be allowed and that the sentence imposed in the District Court be quashed. DECISION: In lieu thereof, the respondent is sentenced to imprisonment with a non-parole period of 18 months to commence on 14 November 2007 and to expire on 13 May 2009 with a balance of term of 18 months to expire on 13 November 2010. Respondent is disqualified from holding or obtaining a licence under the relevant legislation from 14 November 2007 expiring 13 November 2012. I direct that no further period of disqualification be imposed on the respondent other than that which is hereby provided for.

CATCHWORDS: Crown appeal on sentence - dangerous driving occasioning death - early plea of guilty - application of guideline judgment of R v Whyte - whether sentencing judge correctly applied guideline judgment.

LEGISLATION CITED: Crimes Act 1900

CATEGORY: Principal judgment

Gillett v R [2006] NSWCCA 370 at [47] R v Jurisic (1998) 45 NSWLR 209 CASES CITED : R v McNaughton [2006] NSWCCA 242; 66 NSWLR 566 R v Wall [2002] NSWCCA 42 R Whyte [2002] NSWCCA 343; 55 NSWLR 252 Veen v The Queen (No 2) (1998) 164 CLR 465

PARTIES: Crown - Appellant Thanh Nguyen - Respondent

FILE NUMBER(S): CCA 2008/071

COUNSEL: Ms N Adams - Appellant Crown Mr S Odgers SC - Respondent

SOLICITORS: S Kavanagh, Solicitor for Public Prosecutions - Appellant Crown S O'Connor, Solicitor, Legal Aid Commission - Respondent