R v KM; R v Linh Van Nguyen; R v John Nguyen; R v John Tran (No.2) [2004] NSWCCA 173

R v KM; R v Linh Van Nguyen; R v John Nguyen; R v John Tran (No.2) [2004] NSWCCA 173

The Court held that the sentence imposed on John Nguyen did not accurately reflect the intention expressed in the judgment and that this error could be corrected under s 43 of the Crimes (Sentencing Procedure) Act by amending the non-parole period on count 5.

Parties
Respondent: KM; Respondent: Linh Van Nguyen; Respondent: John Nguyen; Respondent: John Tran; Appellant: Crown
Jurisdiction
Australia
Judgment Date
07 June 2004
Procedural Posture
Criminal Appeal / Correction of Sentence After Appeal Judgment
Outcome
Sentence corrected pursuant to s 43 of the Crimes (Sentencing Procedure) Act
Legal Topics
Sentencing, Sentence Correction, Non Parole Period
Criminal Law Sentencing Sentence Correction Non Parole Period

Case Brief

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Parties

KM

Respondent

Linh Van Nguyen

Respondent

John Nguyen

Respondent

John Tran

Respondent

Crown

Appellant

Procedural Posture

Criminal Appeal / Correction of Sentence After Appeal Judgment

Legal Issues

  1. 1 Whether the sentence imposed on John Nguyen accurately reflected the Court's intention as stated in the principal judgment
  2. 2 Whether an error in sentencing could be corrected under s 43 of the Crimes (Sentencing Procedure) Act

Ratio Decidendi

The Court held that the sentence imposed on John Nguyen did not accurately reflect the intention expressed in the judgment and that this error could be corrected under s 43 of the Crimes (Sentencing Procedure) Act by amending the non-parole period on count 5.

Court Disposition

Sentence corrected pursuant to s 43 of the Crimes (Sentencing Procedure) Act

Orders

  • In lieu of the sentence imposed on John Nguyen on count 5 on 18 March 2004, John Nguyen be sentenced as follows on count 5: Imprisonment for five years commencing on 4 November 2002 and expiring on 3 November 2007 with a non-parole period of two years three months commencing on 4 November 2002 and expiring on 3...