Van Dung Nguyen v R [2012] NSWCCA 42

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Van Dung Nguyen v R [2012] NSWCCA 42 Hearing dates: 20 March 2012 Decision date: 19 April 2012 Before: McClellan CJ at CL at [1] Davies J at [2] Garling J at [41] Decision: (1) Leave to appeal granted (2) Appeal dismissed Catchwords: CRIMINAL LAW - appeal against sentence - cultivate commercial quantity of cannabis - parity principle - different roles of co-offenders - where sentence of co-offenders inadequate - whether sentence manifestly excessive. Legislation Cited: Drug Misuse and Trafficking Act 1985 Cases Cited: Green v The Queen [2011] HCA 49; (2011) 86 ALJR 36 Nguyen v R [2008] NSWCCA 322 Rae v R [2011] NSWCCA 211 Rees v R [2012] NSWCCA 47 Thi Lan Nguyen v R [2009] NSWCCA 181 Truong v R [2009] NSWCCA 41 Van Cuong Pham v R [2009] NSWCCA 266 Category: Principal judgment Parties: Van Dung Nguyen (Applicant) Crown Representation: Counsel: G Wendler (Applicant) T Smith (Crown) Solicitors: Van Houten Law (Applicant) Solicitor for Public Prosecutions (Crown) File Number(s): CCA 2010/252846 Decision under appeal Jurisdiction: 9101 Date of Decision: 2011-05-17 00:00:00 Before: Sides DCJ File Number(s): 2010/252846