Huynh v R [2015] NSWCCA 179

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Huynh v R [2015] NSWCCA 179 Hearing dates: 3 July 2015 Date of orders: 15 July 2015 Decision date: 15 July 2015 Before: Hoeben CJ at CL at [1] R A Hulme J at [2] Campbell J at [3] Decision: (1) Grant leave to appeal. (2) Appeal allowed. (3) Quash the sentence passed in the District Court on 16th September 2014 and instead sentence the applicant to a term of imprisonment having a non-parole period of 3 years commencing on 2nd September 2013 and expiring on 1st September 2016, with an additional term of one year commencing on 2nd September 2016 and expiring on 1st September 2017. The applicant will become eligible for release on parole upon the expiration of the non-parole period on 1st September 2016. Catchwords: CRIMINAL LAW – appeal – sentencing – whether trial judge was correct in finding complainant suffered substantial psychological fear – s 21A(2)(g) Crimes Act 1900 (NSW)

CRIMINAL LAW – appeal – sentencing – assessment of objective gravity of the offence – misapprehension of facts by trial judge – whether applicant was in possession of "baseball bat" – House v The King principles Legislation Cited: Crimes Act 190 (NSW); Crimes (Sentencing Procedure) Act 1999 (NSW); Criminal Appeal Act 1912 (NSW) Cases Cited: Hili v The Queen [2010] HCA 45; 242 CLR 520; House v The King [1936] HCA 40; 55 CLR 499; Kentwell v The Queen [2014] HCA 37; 252 CLR 601; R v Youkhana [2004] NSWCCA 412; Wong v The Queen [2001] HCA 64; 207 CLR 584 Category: Principal judgment Parties: Tony Huynh (Applicant) Regina (Respondent) Representation: Counsel: P. Lange with J Ghabrial (Applicant) S. Dowling SC (Crown)