Nguyen v R [2010] NSWCCA 132

New South Wales Court of Criminal Appeal

CITATION: Nguyen v R [2010] NSWCCA 132

HEARING DATE(S): 19 May 2010

JUDGMENT DATE: 25 June 2010

JUDGMENT OF: McClellan CJatCL at 1; Simpson J at 2; Barr AJ at 55

DECISION: (i) Leave to appeal granted; (ii) Appeal allowed, sentences quashed; (iii) In lieu thereof, the applicant be sentenced to imprisonment made up of a non-parole period of six years commencing on 15 January 2007 and expiring on 14 January 2013, with a balance of term of 3 years, expiring on 14 January 2016.

CATCHWORDS: CRIMINAL LAW – particular offences – drug offences – trafficking marketable quantity of controlled drug (heroin) - CRIMINAL LAW – appeal against severity of sentence – sentence manifestly excessive – applicant high level functionary – error in approach to reduction for guilty plea - CRIMINAL LAW – sentence – sentencing procedure – sentencing statistics and comparisons - range of sentences in R v Wong and Leung not applicable – consideration of decisions under Customs Act 1901 – sentence outside range ordinarily imposed - CRIMINAL LAW – sentence – relevant factors – nature and circumstance of offence – consideration of quantity and nature of offender's involvement

LEGISLATION CITED: Criminal Code Act 1995

CATEGORY: Principal judgment

Cameron v The Queen [2002] HCA 6; 209 CLR 339 Carroll v The Queen [2009] HCA 13 House v The King [1936] HCA 40; 55 CLR 499 R v Carroll; Carroll v R [2010] NSWCCA 55 CASES CITED : R v Pham [2005] NSWCCA 314 R v Wong and Leung [1999] NSWCCA 420; 48 NSWLR 340 The Queen v De Simoni [1981] HCA 31; 147 CLR 383 The Queen v Xin Liang [2009] VSCA 18 Trandy v The Queen; Pham v The Queen; Nguyen v The Queen [2009] VSCA 321 Wong v The Queen; Leung v The Queen [2001] HCA 64; 207 CLR 584