Nguyen v Regina [2017] NSWCCA 39

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Nguyen v Regina [2017] NSWCCA 39 Hearing dates: 16 March 2017 Date of orders: 22 March 2017 Decision date: 22 March 2017 Before: Hoeben CJ at CL at [1] Garling J at [2] Beech-Jones J at [123] Decision: (1) Leave to appeal granted; (2) Appeal dismissed. Catchwords: CRIMINAL LAW – appeal against sentence – conspiracy to supply a prohibited drug – whether trial Judge erred in failing to find a causal connection between mental health and emotional state and offending – where did not give evidence in the witness box – where no expert evidence supported causal connection – appeal dismissed CRIMINAL LAW – trial Judge erroneously refers to standard non-parole period for offence – erroneous reference had no effect on sentence – no error established Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912 Drug Misuse and Trafficking Act 1985 Cases Cited: BP v the Queen [2010] NSWCCA 159 Dinsdale v The Queen [2000] HCA 54; (2000) 202 CLR 321 HJ v R [2014] NSWCCA 21 House v The King [1936] HCA 40; (1936) 55 CLR 499 Kentwell v The Queen [2014] HCA 37; (2014) 252 CLR 601 McGrath v The Queen [2010] NSWCCA 48 Potts v R [2017] NSWCCA 10 R v Israil [2002] NSWCCA 255 Sutton v R [2016] NSWCCA 249 Vuni v The Queen [2006] NSWCCA 171 Texts Cited: Not Applicable Category: Principal judgment Parties: Thi Kim Ngan Nguyen (Applicant) Regina (Respondent) Representation: Counsel: D Shridhar (Applicant) N Williams (Respondent)