Thuong Nguyen v R [2012] NSWCCA 184

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Thuong Nguyen v R [2012] NSWCCA 184 Hearing dates: 18 July 2012 Decision date: 04 September 2012 Before: Allsop P at [1] Latham J at [2] Davies J at [3] Decision: (1) Leave to appeal granted. (2) Appeal dismissed. Catchwords: CRIMINAL LAW - appeal against sentence - importing marketable quantity of heroin - whether sentence manifestly excessive - prior criminal record involving trafficking in heroin - admissions of uncharged acts of the same type as the offence charged - admissions made as part of assistance to authorities - relevance to personal deterrence Legislation Cited: Crimes Act 1900 (Cth) Cases Cited: Angus John Lindsay v R [2012] NSWCCA 124 Dinsdale v The Queen [2000] HCA 54; (2000) 282 CLR 321 Director of Public Prosecutions v De La Rosa (2010) NSWCCA 194 House v The King (1936) 55 CLR 499 Kuti v R [2012] NSWCCA 43 Remus Ritter v R [2012] NSWCCA 121 Category: Principal judgment Parties: Thuong Nguyen (Applicant) Crown Representation: Counsel: Mr M Johnston (Applicant) Mr C P O'Donnell (Crown) Solicitors: Legal Aid Commission NSW (Applicant) Commonwealth Director of Public Prosecutions (Defendant) File Number(s): 2010/136705 Decision under appeal Jurisdiction: 9101 Date of Decision: 2011-03-25 00:00:00 Before: Wells DCJ File Number(s): 2010/136705