Ngo v R [2013] NSWCCA 142

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Ngo v R [2013] NSWCCA 142 Hearing dates: 1 February 2013 Decision date: 13 June 2013 Before: Simpson J at [1]; Johnson J at [92]; Grove AJ at [93] Decision: The application for an extension of time in which to file an application for leave to appeal is refused Catchwords: CRIMINAL LAW - appeal - application for extension of time to file application - leave to appeal against sentence of life imprisonment - whether sentencing judge erred in sentencing applicant pursuant to provisions of s 61(1) of the Crimes (Sentencing Procedure) Act 1999 - whether sentencing judge erred in finding of fact - political motive for murder - whether sentencing judge erred in failing to take into account subjective factors relevant to the applicant - no error found - application for extension of time refused Legislation Cited: Crimes (Amendment) Act 1955 Crimes (Appeal and Review) Act 2001 Crimes (Life Sentences) Amendment Act 1989 Crimes (Sentencing Procedure) Act 1999 Crimes (Sentencing Procedure) Amendment (Standard Minimum Sentencing) Act 2002 Crimes Act 1900 Crimes Amendment (Mandatory Life Sentences) Act 1996 Crimes Legislation Amendment (Sentencing) Act 1999 Criminal Appeal Act 1912 Criminal Appeal Rules Sentencing Act 1989 Statute Law (Miscellaneous Provisions) Act 2001 Cases Cited: Darwiche v R [2011] NSWCCA 62; 209 A Crim R 424 Edwards v R [2009] NSWCCA 199 Ngo v The Queen [2004] HCATrans 185. Phuong Canh Ngo - Application under Part 7 Crimes (Appeal and Review) Act 2001 [2010] NSWSC 981 R v Abou-Chabake [2004] NSWCCA 356; 149 A Crim R 417 R v Debs [2012] NSWSC 119 R v Eastman (Supreme Court of ACT, Carruthers J, 10 November 1995, unreported) R v Fernando [1999] NSWCCA 66 R v Garforth (NSWCCA, 23 May 1994, unreported) R v Gilham [2009] NSWSC 138 R v Harris [2000] NSWCCA 469; 50 NSWLR 409 R v Harris [2000] NSWSC 285; 111 A Crim R 415 R v Kalajzich (1997) 94 A Crim R 41 R v Kocan [1966] 2 NSWR 565 R v Lewis (Supreme Court of New South Wales, Ireland J, 9 June 2000, unreported) R v Lewis [2001] NSWCCA 448 R v Maclay (1990) 19 NSWLR 112 R v Merritt [2004] NSWCCA 19; 59 NSWLR 557 R v MJR [2002] NSWCCA 129; 54 NSWLR 368 R v Ngo [2003] NSWCCA 82; 57 NSWLR 55 R v Phuong Canh Ngo [2001] NSWSC 1021; 125 A Crim R 495 R v Rose [1999] NSWCCA 327 Stumbles v R [2006] NSWCCA 418 Texts Cited: New South Wales Law Reform Commission, Sentencing - Report 79 (December 1996) New South Wales Legislative Assembly, Parliamentary Debates (Hansard), 10 May 1989 at 7905 New South Wales Legislative Assembly, Parliamentary Debates (Hansard), 28 October 1999 at 2324 New South Wales Legislative Council, Parliamentary Debates (Hansard), 7 December 1989 at 14528 Category: Principal judgment Parties: Phuong Canh Ngo (Applicant) Regina (Respondent) Representation: Counsel: J Renwick SC/D Tynan (Applicant) J Dwyer (Respondent) Solicitors: Jackson Lalic Lawyers (Applicant) S Kavanagh - Solicitor for Public Prosecutions (Respondent) File Number(s): 1998/2811 Decision under appeal Jurisdiction: 9111 Citation: R v Ngo [2001] NSWSC 1021 Date of Decision: 2001-11-14 00:00:00 Before: Dunford J File Number(s): 70086/98