Nguyen, Hung Manh v R [2020] NSWCCA 20

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Nguyen, Hung Manh v R [2020] NSWCCA 20 Hearing dates: 12 August 2019 Date of orders: 24 February 2020 Decision date: 24 February 2020 Before: Macfarlan JA at [1] Johnson J at [2] Lonergan J at [7] Decision: (1) Grant leave to appeal.

(2) Appeal dismissed. Catchwords: CRIMINAL LAW – appeal against sentence – parity – appeal on basis that sentencing judge did not have regard to the principle of parity – parity in respect of co-offenders – applicant with greater role in the course of offending than co-offenders – criminal enterprise – sentence for cultivation of commercial quantity of cannabis plants – supply (deemed) of a commercial quantity of cannabis Legislation Cited: Drug Misuse and Trafficking Act 1985 (NSW) Cases Cited: Green v The Queen; Quinn v The Queen (2011) 244 CLR 462; [2011] HCA 49 Hiron v R [2018] NSWCCA 10 Jimmy v R (2010) 77 NSWLR 540; [2010] NSWCCA 60 Kelly v R [2017] NSWCCA 256 Lowe v The Queen (1984) 154 CLR 606; [1984] HCA 46 Postiglione v The Queen (1997) 189 CLR 295; [1997] HCA 26 Tran v R [2018] NSWCCA 220 Category: Principal judgment Parties: Hung Manh Nguyen (Applicant) Regina (Crown) Representation: Counsel: F Coyne (Applicant) K Jeffreys (Crown)

Solicitors: T T M Pham (Applicant) C Hyland (Crown) File Number(s): 2017/215357 Publication restriction: Nil Decision under appeal Court or tribunal: District Court of NSW Jurisdiction: Criminal Citation: -- Date of Decision: 07 September 2018 Before: Maiden SC DCJ File Number(s): 2017/215357