NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Dong v R, Tran v R, Nguyen v R [2010] NSWCCA 107
HEARING DATE(S): 29 March 2010
JUDGMENT DATE: 14 May 2010
JUDGMENT OF: McClellan CJatCL at 1; Howie J at 79; Rothman J at 80
DECISION: 1. Appeal by Dong against his conviction dismissed. 2. Leave to appeal their sentences is granted to Tran, Nguyen and Dong but each appeal is dismissed.
CATCHWORDS: CRIMINAL LAW - first appellant - whether appellant received an unfair trial because of the use of purported inadmissible evidence - CRIMINAL LAW - second appellant - whether sentencing judge erred in having regard to the fact that the offence was committed in company included actual use of violence and the appellant's record of previous convictions were relevant aggravating factors when sentencing the appellant - CRIMINAL LAW - third appellant - whether the sentence imposed on the second appellant said to be erroneous had the net effect of meaning the third appellant's sentence had miscarried
LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
CATEGORY: Principal judgment
Clarke v R [2009] NSWCCA 49 CASES CITED : R v Cramp [2004] NSWCCA 264 R v Fidow [2004] NSWCCA 172 R v McNaughton [2006] NSWCCA 242; (2006) 66 NSWLR 566
Loi Phouc Dong (Appellant) PARTIES: Van Dung Tran (Appellant) Thi Dinh Nguyen (Appellant) The Crown
FILE NUMBER(S): CCA 2008/2136; 2008/2134; 2008/2135
W P Lowe (Dong/appellant) COUNSEL: J Watts (Tran/appellant) H Cox (Nguyen/appellant) L Lamprati SC/J Dwyer (Crown)
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