NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Do v R [2010] NSWCCA 182
HEARING DATE(S): 23 June 2010
JUDGMENT DATE: 19 August 2010
JUDGMENT OF: McClellan CJatCL at 1; Hislop J at 2; Barr AJ at 34
DECISION: 1. Grant leave to appeal. 2. Allow the appeal. 3. Quash the sentences and in lieu thereof sentence the applicant as follows: count 1 imprisonment for a non parole period of three years eleven months to commence on 19 June 2009 and expire on 18 May 2013 and a balance of term of one year four months to expire on 18 September 2014; count 2 imprisonment for a fixed term of two years two months to commence on 19 June 2009 and expire on 18 August 2011. The earliest date on which the applicant will be eligible for release to parole is 18 May 2013.
CATCHWORDS: CRIMINAL LAW - sentence - firearms - statutory discount for guilty plea - resentence.
Firearms Act 1996 LEGISLATION CITED: Drug Misuse and Trafficking Act 1985 Criminal Case Conferencing Trial Act 2008 Crimes (Sentencing Procedure) Act 1999
R v Mitchell [2007] NSWCCA 296; (2007) 177 A Crim R 94 CASES CITED : Micklesson v R [2009] NSWCCA 61 Postiglione v The Queen [1997] HCA 26; (1997) 189 CLR 295 R v Kerr [2008] NSWCCA 201
PARTIES: Van Dung Do v Regina
FILE NUMBER(S): CCA 2009/3283
COUNSEL: C. Loukas (Applicant) S. Dowling (Crown)
SOLICITORS: Legal Aid Commission (Applicant) Solicitor for Public Prosecutions (Crown)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 2009/3283
LOWER COURT JUDICIAL OFFICER: King DCJ
LOWER COURT DATE OF DECISION: 19 June 2009
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