NSW Caselaw
New South Wales Supreme Court
CITATION : Regina v Nguyen (No 2) [2009] NSWSC 1120
HEARING DATE(S) : 09/10/2009
JUDGMENT DATE : 6 November 2009
JUDGMENT OF : Hoeben J
DECISION : For the manslaughter of Joshua Bui sentenced to imprisonment with a non-parole period of 3 years commencing 19 February 2008 and expiring 18 February 2011 with a balance of term of 2 years expiring 18 February 2013. For the manslaughter of Jade Bui sentenced to imprisonment with a non-parole period of 3 years commencing 19 February 2009 and expiring 18 February 2012 with a balance of term of 2 years expiring 18 February 2014.
CATCHWORDS : CRIMINAL LAW - Sentence - manslaughter - finding of substantial impairment after trial - gravely affected by depression - general and specific deterrence - denunciation - need for custodial sentence.
LEGISLATION CITED : Crimes Act 1900 Mental Health (Forensic Provisions) Act 1990
CATEGORY : Sentence
Pearce v The Queen (1998) 194 CLR 610 R v Engert (1995) 84 A Crim R 67 CASES CITED : Regina v Georgina Marie Hill (1981) 3 A Crim R 397 R v Letteri, NSWCCA, 18 March 1992, unreported, per Badgery-Parker J R v Nguyen [2009] NSWSC 918 R v Scognamiglio (1991) 56 A Crim R 81
PARTIES : Regina Truong Thi Nguyen
FILE NUMBER(S) : SC 2008/19053001
COUNSEL : Ms M Cunneen SC - Crown Mr RC Pontello - Offender
SOLICITORS : Solicitor for Public Prosecutions - Crown Solicitor for Legal Aid Commission of NSW - Offender
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
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