Nguyen v R [2015] NSWCCA 268

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Nguyen v R [2015] NSWCCA 268 Hearing dates: 22 September 2015 Date of orders: 14 October 2015 Decision date: 14 October 2015 Before: Hoeben CJ at CL at [1] Price J at [2] Button J at [73] Decision: Leave to appeal is granted. The appeal is dismissed. Catchwords: CRIMINAL LAW – appeal against sentence – rejection of agreed facts – objective seriousness – possession of prohibited drug for supply – whether the sentencing judge erred in finding that the applicant's involvement with the prohibited drug was higher than a courier – whether sentencing judge erred in failing to make a finding of special circumstances – need for deterrence – whether the claim was manifestly excessive Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Drugs Misuse and Trafficking Act 1985 Cases Cited: Chow v Director of Public Prosecutions (1992) 28 NSWLR 593 R v Uzabeaga [2000] NSWCCA 38 R v Olbrich [1999] HCA 54; 199 CLR 270 R v Simpson [2001] NSWCCA 534; 53 NSWLR 704 Allen v R [2015] NSWCCA 113 Caristo v R [2011] NSWCCA 7 R v Girard and Girard [2004] NSWCCA 170 Markarian v R [2005] HCA 25; (2005) 228 CLR 357 Dinsdale v R [2000] HCA 54; (2000) 202 CLR 321 Radi v R [2013] NSWCCA 278 Category: Principal judgment Parties: Duc Thai Nguyen (Applicant) Crown (Respondent) Representation: Counsel: Mr P Lott (Applicant) Ms M Cinque, SC (Respondent Crown) Solicitors: J. Law – Chess Legal (Applicant) C. Hyland – Solicitor for Public Prosecutions (Respondent Crown) File Number(s): 2013/227141 Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Crime Date of Decision: 6 June 2014 Before: King SC DCJ File Number(s): 2013/227141