NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Nguyen v R [2008] NSWCCA 322
HEARING DATE(S): 8 December 2008
JUDGMENT DATE: 18 December 2008
JUDGMENT OF: Tobias JA at 11; James J at 34; Price J at 35
DECISION: (a) Leave to appeal against sentence granted. (b) Appeal against sentence dismissed.
CATCHWORDS: CRIMINAL LAW – Appeal against sentence – Accumulation of sentences – Discount for plea of guilty – Relevance of strength of prosecution case – Discount for remorse – Whether sentence manifestly excessive – CRIMINAL PRACTICE and PROCEDURE – Submissions after hearing – Submissions without leave – Whether exceptional circumstances
Crimes (Sentencing Procedure) Act 1999 (NSW) LEGISLATION CITED: Criminal Procedure Act 1986 (NSW) Drug Misuse and Trafficking Act 1985 (NSW)
CATEGORY: Principal judgment
Carr v Finance Corporation of Australia Ltd [No 1] (1981) 147 CLR 246 Chapman v Caska [2005] NSWCA 113 Dwyer v Commonwealth Bank of Australia (1995) 31 ATR 48 CASES CITED : In the matter of an application by the Chief Commissioner of Police (Vic) [2005] HCA 18; (2005) 79 ALJR 881 Kirwan v Cresvale Far East Ltd (In liq) [2002] NSWCA 395; (2002) 44 ACSR 21 Notaras v Waverley City Council [2007] NSWCA 333; (2007) 161 LGERA 230 R v Sutton [2004] NSWCCA 225 R v Thomson and Houlton [2000] NSWCCA 309; (2000) 49 NSWLR 383
PARTIES: Van Cuong Nguyen Regina
FILE NUMBER(S): CCA 15226/07
COUNSEL: A: G Wendler R: P Miller
SOLICITORS: A: AKN & Associates R: Solicitor for Public Prosecutions
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