Nguyen, Kathy v R [2015] NSWCCA 209

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Nguyen, Kathy v R [2015] NSWCCA 209 Hearing dates: 28 April 2015 Decision date: 05 August 2015 Before: Hoeben CJ at CL at [1] Hall J at [2] McCallum J at [84] Decision: (1) The applicant be granted leave to appeal.

(2) The aggregate sentence imposed upon the applicant by the Sydney District Court on 6 September 2013, be set aside.

(3) The applicant be re-sentenced to an aggregate term of imprisonment of 10 years and 9 months, to include a non-parole period of 7 years 7 months, to commence on 19 April 2012 and to expire on 18 November 2019 and a balance of term of 3 years 2 months to commence on 19 November 2019 and to expire on 18 January 2023.

(4) The first date upon which the applicant will be eligible to parole will be 19 November 2019. Catchwords: CRIMINAL LAW – Application to appeal against sentence on two grounds – Pleas of guilty entered to three drug supply offences – Principle of parity – Whether sentence imposed gave rise to a justified sense of – Whether marked disparity between sentence imposed on applicant and sentence imposed on co-offender – Whether the starting point for the applicant's sentence was too high in comparison to her co-offender – Co-offender was sentenced for different offences and charges on a Form 1 – No error demonstrated in sentencing judge's determination of starting points – First ground dismissed – Whether discount of 12.5% for applicant's plea of guilty gave rise to justified sense of grievance in circumstances where co-offender had received discount of 17.5% for his plea – Disparity arose in discounts for guilty pleas – Applicant entitled to equivalent discount of 17.5% – Second ground of appeal allowed – Sentence quashed – Applicant re-sentenced to reflect appropriate discount Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Drugs Misuse and Trafficking Act 1985 Cases Cited: Attorney-General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146 Green v The Queen [2011] 244 CLR 462 Hallak v R [2014] NSWCCA 48 Lowe v R (1984) 154 CLR 606 R v Araya [2005] NSWCCA 283 R v Newman [2004] NSWCCA 113 R v Scott [2003] NSWCCA 286 R v Thomson; R v Houlton [2000] NSWCCA 309, 49 NSWLR 383 Tuvunivono v R [2013] NSWCCA 176 Category: Principal judgment Parties: Kathy Nguyen (Applicant) Regina (Crown) Representation: Counsel: D Jordan SC; B Barrow (Applicant) S Dowling SC (Crown)