Nguyen v R [2019] NSWCCA 44

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Nguyen v R [2019] NSWCCA 44 Hearing dates: 1 March 2019 Date of orders: 01 March 2019 Decision date: 13 March 2019 Before: Leeming JA at [1]; Harrison J at [41]; Davies J at [42] Decision: 1. Grant leave to appeal. 2. Appeal dismissed. Catchwords: CRIMINAL LAW – appeal against sentence – dealing with money reasonably suspected of being proceeds of crime – Criminal Code (Cth) s 400.9(1) – whether sentencing judge failed to have regard to utilitarian benefit of guilty plea – whether error in determination of objective criminality – whether sentence manifestly excessive – appeal dismissed Legislation Cited: Crimes Act 1914 (Cth), ss 16A, 16AC Criminal Appeal Act 1912 (NSW), s 5 Criminal Code (Cth), s 400.9 Cases Cited: EF v R [2015] NSWCCA 36 Jinde Huang aka Wei Liu v R [2018] NSWCCA 70 Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25 R v Bugeja [2001] NSWCCA 196 Xiao v R (2018) 96 NSWLR 1; [2018] NSWCCA 4 Category: Principal judgment Parties: Linda Lien Nguyen (Applicant) Crown (Respondent) Representation: Counsel:

M Ramage QC (Applicant) A Avery-Williams (Respondent)

Solicitors:

AKN & Associates (Applicant) Commonwealth Director of Public Prosecutions (Respondent) File Number(s): 2015/29930 Publication restriction: None Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Criminal Division Citation: None Date of Decision: 03 July 2018 Before: Arnott DCJ File Number(s): 2015/29930