Nguyen v R [2009] NSWCCA 26

Nguyen v R [2009] NSWCCA 26

There was sufficient evidence of duress to warrant the issue being left to the jury; the situations of the applicant and co-accused were indistinguishable and the trial judge's refusal to leave the issue to the jury constituted a miscarriage of justice.

Parties
Applicant: Dinh Them Nguyen; Respondent/crown: Regina
Jurisdiction
Australia
Judgment Date
05 February 2009
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal allowed; new trial ordered
Legal Topics
Trial Process, Duress, Appeals, Extension of Time
Criminal Law Trial Process Duress Appeals Extension of Time

Case Brief

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Parties

Dinh Them Nguyen

Applicant

Regina

Respondent/crown

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether there was sufficient evidence for duress to be left to the jury
  2. 2 Whether refusal to leave duress to the jury caused miscarriage of justice
  3. 3 Whether extension of time to appeal should be granted

Ratio Decidendi

There was sufficient evidence of duress to warrant the issue being left to the jury; the situations of the applicant and co-accused were indistinguishable and the trial judge's refusal to leave the issue to the jury constituted a miscarriage of justice.

Court Disposition

Appeal allowed; new trial ordered

Orders

  • Time of lodging an appeal against conviction extended as necessary
  • Appeal allowed