R v Nguyen [2013] NSWSC 197

Supreme Court New South Wales

Medium Neutral Citation: R v Nguyen [2013] NSWSC 197 Hearing dates: 1/03/2013; 8/03/2013 Decision date: 15 March 2013 Before: Fullerton J Decision: On the charge of manslaughter, sentenced to a term of imprisonment of 9 years and 6 months, comprised of a non-parole period of 7 years and a balance of term of 2 years and 6 months. On the charge of wounding with intent to inflict grievous bodily harm, sentenced to a term of imprisonment of 6 years and 3 months, comprised of a non-parole period of 4 years and 9 months and a balance of term of 1 year and 6 months. Sentences for each offence backdated to commence on 8 September 2010. First eligible for release to parole on 7 September 2017. Catchwords: CRIMINAL LAW - sentence - manslaughter - excessive self-defence - wounding with intent to inflict grievous bodily harm - victim was police officer -- objective seriousness Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Drug Misuse and Trafficking Act 1985 Firearms Act 1996 Cases Cited: Attorney-General's Application Under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002, Re [2002] NSWCCA 518; 56 NSWLR 146; 137 A Crim R 180 Iskov v R [2011] NSWCCA 241 Josefski v R [2010] NSWCCA 41 Muldrock v R [2011] HCA 39; 244 CLR 120 R v De Simoni [1981] HCA 31; 147 CLR 383; 5 A Crim R 329 R v Penisini [2004] NSWCCA 339 Category: Sentence Parties: The Crown Philip Nguyen (Offender) Representation: Counsel: M Tedeschi QC (Crown) L Ledinh (Solicitor) (Offender) Solicitors: Director of Public Prosecutions (Crown) Ledinh Lawyers (Offender) File Number(s): 2010/300562