Huynh v R [2015] NSWCCA 167

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Huynh v R [2015] NSWCCA 167 Hearing dates: 10 June 2015 Date of orders: 25 June 2015 Decision date: 25 June 2015 Before: Simpson J at [1] Davies J at [2] Hamill J at [54] Decision: (1) Grant leave to appeal. (2) Appeal dismissed Catchwords: CRIMINAL LAW – sentencing – importing border controlled drugs – mother of three children under 18 – father denied visa because of applicant's criminality – effect of sentence on applicant's family – applicant previously convicted of importing border controlled drugs – whether sentence manifestly excessive Legislation Cited: Crimes Act 1914 (Cth) Criminal Code Act 1995 (Cth) Customs Act 1901 (Cth) Cases Cited: Colomer v R [2014] NSWCCA 51 Gallagher v The Queen (1986) 160 CLR 392 R v Fordham (1997) 98 A Crim R 359 R v Nguyen [2006] NSWDC1; (2006) 3 DCLR (NSW) 216 R v Nguyen [2006] NSWCCA 369; (2006) 205 FLR 79 R v Togias [2001] NSWCCA 522; (2001) 127 A Crim R 23 R v Zerafa [2013] NSWCCA 222; (2013) 235 A Crim R 265 Category: Principal judgment Parties: Thi Hien Huynh also known as Nhu Mai Huynh Nguyen (Applicant) Crown (Respondent) Representation: Counsel: In person (Applicant) J Single (Respondent)

Solicitors: Self-represented (Applicant) Commonwealth Director of Public Prosecutions (Respondent) File Number(s): 2013/189225 Decision under appeal Court or tribunal: District Court of NSW Jurisdiction: Criminal Date of Decision: 10 July 2014 Before: Lerve DCJ File Number(s): 2013/189225