NSW Caselaw
Reported Decision: 181 A Crim R 72
New South Wales Court of Criminal Appeal
CITATION: NGUYEN v R [2008] NSWCCA 22
HEARING DATE(S): 1 February 2008
JUDGMENT DATE: 14 February 2008
JUDGMENT OF: Hodgson JA at 1; Kirby J at 46; Buddin J at 47
1. Appeal against conviction allowed. DECISION: 2. Conviction quashed. 3. Order that there be a new trial on the cultivation count.
CATCHWORDS: CRIMINAL LAW – Appeal against conviction – Duress – Whether threat directed towards procuring commission of offence – Whether threat sufficiently imminent - Whether appellant voluntarily joined illegal enterprise.
LEGISLATION CITED: Drug Misuse and Trafficking Act 1985 (NSW) s 23
CATEGORY: Principal judgment
Clarkson v Regina [2007] NSWCCA 70 Darkas v the Queen [2006] HCA 34, (2006) 227 CLR 373 R v Baker and Ward [1999] 2 Cr App Rep 335 CASES CITED : R v Dawson [1978] VR 536 R v Hudson [1971] 2 QB 202 R v Hurley and Murray [1967] VR 526 R v Lawrence [1980] 1 NSWLR 122 Weiss v the Queen [2005] HCA 81, (2005) 224 CLR 300
PARTIES: Cuu NGUYEN (Appellant) REGINA (Respondent)
FILE NUMBER(S): CCA 2005/4627
COUNSEL: P Bodor QC (Appellant) J A Girdham (Crown)
SOLICITORS: Ledinh Lawyers (Appellant) Solicitor for Public Prosecutions (Crown)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 2004/11/1380
LOWER COURT JUDICIAL OFFICER: Finnane DCJ
LOWER COURT DATE OF DECISION: 16 December 2005
IN THE COURT OF CRIMINAL APPEAL CCA 2005/4627
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