Dung Truong v Regina [2006] NSWCCA 71

Dung Truong v Regina [2006] NSWCCA 71

There should be a small adjustment to the applicant's sentence to reflect the assistance given to police and time spent in protection, but otherwise the original sentences were appropriate. The original sentence for the third count is quashed and substituted with a reduced sentence according to the Court's order.

Source-derived case information.

Parties
Applicant: Dung Truong; Respondent: Regina
Jurisdiction
Australia
Judgment Date
30 March 2006
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Leave to appeal granted in respect of the sentence for the third count; sentence for third count quashed and substituted.
Legal Topics
Appeal on Sentence, New Evidence on Sentence, Assistance to Police, Conditions of Custody, Parity of Sentence
Criminal Law Appeal on Sentence New Evidence on Sentence Assistance to Police Conditions of Custody Parity of Sentence

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Dung Truong

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge failed to give due weight to the applicant's assistance to police
  2. 2 Whether the sentencing judge failed to consider the applicant's status as a protected prisoner
  3. 3 Whether there was unjustified disparity between the applicant's sentence and that of his co-offender

Ratio Decidendi

There should be a small adjustment to the applicant's sentence to reflect the assistance given to police and time spent in protection, but otherwise the original sentences were appropriate. The original sentence for the third count is quashed and substituted with a reduced sentence according to the Court's order.

Court Disposition

Leave to appeal granted in respect of the sentence for the third count; sentence for third count quashed and substituted.

Orders

  • Sentence for third count quashed.
  • Applicant sentenced to a non-parole period of imprisonment for 3 years and 6 months from 4 December 2004 to 3 June 2008.