Nguyen v R [2020] NSWCCA 45

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Nguyen v R [2020] NSWCCA 45 Hearing dates: 21 August 2019 Date of orders: 25 March 2020 Decision date: 25 March 2020 Before: Hoeben CJ at CL [1] Price J [2] Lonergan J [3] Decision: (1) Allow the appeal and set aside the sentence imposed on 18 September 2018.

(2) Resentence the applicant to a non-parole period of 3 years from 31 August 2018 with a further term of 3 years, a total sentence of 6 years imprisonment.

(3) The applicant will become eligible for parole on 30 August 2021. The sentence will expire on 30 August 2024. Catchwords: CRIME — drug offences — Commonwealth offences — import border controlled precursor — pseudoephedrine

SENTENCING — appeal against sentence — sentence contrary to law — whether sentencing judge mistook facts by finding the applicant imported a larger amount of precursor — ground made out — applicant resentenced SENTENCING — relevant factors on sentence — factual basis for sentence — amount of precursor drug imported — finding inconsistent with agreed facts on sentence Legislation Cited: Criminal Code (Cth) Crimes Act 1914 (Cth) Criminal Appeal Act 1912 (NSW) Cases Cited: Clinch v The Queen (1994) 72 A Crim R 301 Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 R v Le [2018] NSWDC 86 R v Lee [2007] NSWCCA 234 R v Nguyen; R v Pham (2010) 205 A Crim R 106; [2010] NSWCCA 238 Weininger v The Queen (2003) 212 CLR 629; [2003] HCA 14 Category: Principal judgment Parties: Thi Xet Nguyen (Applicant) Regina (Respondent) Representation: Counsel: Mr Wilson (Applicant) Mr R Ranken (Respondent)