DIEP, Danny v R [2013] NSWCCA 39

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: DIEP, Danny v R [2013] NSWCCA 39 Hearing dates: 26 September 2012 Decision date: 25 February 2013 Before: McClellan JA at [1] Hidden J at [2] Adamson J at [25] Decision: Leave to appeal granted, appeal allowed. Sentence in District Court quashed. Applicant re-sentenced to a NPP of 2 years, commencing 3 May 2011 and expiring 2 May 2013, and a balance of term of 2 years, commencing 3 May 2013 and expiring on 2 May 2015. Catchwords: CRIMINAL LAW - application for leave to appeal against sentence - aggravated robbery - plea of guilty - co-offender sentenced subsequently by different judge - parity Legislation Cited: Crimes Act 1900 Category: Principal judgment Parties: Danny Tunduc Diep (applicant) Regina (Crown) Representation: Counsel: S Russell (applicant) P Ingram SC (Crown) Solicitors: Peter Murphy Solicitor (applicant) S Kavanagh - Solicitor for Public Prosecutions (Crown) File Number(s): 2011/144440 Decision under appeal Jurisdiction: 9101 Date of Decision: 2011-12-15 00:00:00 Before: Bennett DCJ File Number(s): 2011/144440

Judgment 1McClellan JA: I agree with Hidden J. 2Hidden J: After a plea of guilty in the Local Court, the applicant, Danny Tunduc Diep, was committed for sentence in the District Court for the offence of robbery with the intentional infliction of actual bodily harm, an offence under s 95(1) of the Crimes Act 1900 which carries a maximum sentence of 20 years imprisonment. Bennett DCJ sentenced him to imprisonment for 4 years and 9 months, comprising a non-parole period of 2 ½ years and a balance of term of 2 years and 3 months, commencing on the date of his arrest, 3 May 2011. He seeks leave to appeal against that sentence.