NSW Caselaw
Reported Decision: 195 A Crim R 192
New South Wales Court of Criminal Appeal
CITATION: Vinh The TRUONG v R [2009] NSWCCA 122
HEARING DATE(S): 2 February 2009
JUDGMENT DATE: 29 April 2009
JUDGMENT OF: McClellan CJatCL at 1; James J at 6; Adams J at 9
DECISION: Leave to appeal granted. 2. Appeal upheld, the sentence quashed and substituted therefor a non-parole period of two years commencing on 13 June 2007 and a total term of three years and four months commencing on 13 June 2007 and ending on 12 October 2010. The applicant will be eligible for release on parole on 12 June 2009.
CATCHWORDS: Sentence appeal - parity - comparison of starting points before differentiating discounts - significance of manifestly inadequate comparator
LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 s 12 Drug Misuse and Trafficking Act 1985 s 25A
CATEGORY: Principal judgment
Lewins v R [2007] NSWCCA 189 Lowe v The Queen (1984) 154 CLR 606 Postiglione v The Queen (1997) 189 CLR 295 at 314 R v Kairouz [2005] NSWCCA 247 CASES CITED : R v Kollas and Mitchell [2002] NSWCCA 491 R v McIvor [2002] NSWCCA 490 R v Pan [2005] NSWCCA 114 R v Steele NSWCCA 60738 of 1995 R v Tisalandis (1982) NSWLR 430 Wilson v R [2008] NSWCCA 245
PARTIES: Vinh The TRUONG Regina
FILE NUMBER(S): CCA 2007/00014336
COUNSEL: Mr H Dhanji (Applicant) Mr P Miller (Crown)
SOLICITORS: Greenfield Lawyers (Applicant) S Kavanagh (Crown)
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