Nguyen v R [2010] NSWCCA 132

Nguyen v R [2010] NSWCCA 132

The sentence imposed was manifestly excessive given the quantity and circumstances and did not reflect the bounds of a proper sentencing discretion. The judge erred in principle by diminishing the reduction for the guilty plea due to consolidation of charges, contrary to established authority. The applicant should be re-sentenced within the range supported by like cases and statistics.

Jurisdiction
Australia
Judgment Date
25 June 2010
Procedural Posture
Criminal Appeal / Court of Criminal Appeal – Sentence Appeal
Outcome
Appeal allowed. Sentences quashed. Applicant re-sentenced.
Legal Topics
['drug Offences' 'appeal Against Sentence' 'trafficking in Marketable Quantity of Controlled Drug' 'severity of Sentence' 'sentencing Procedure']
['criminal Law'] ['drug Offences' 'appeal Against Sentence' 'trafficking in Marketable Quantity of Controlled Drug' 'severity of Sentence' 'sentencing Procedure']

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Procedural Posture

Criminal Appeal / Court of Criminal Appeal – Sentence Appeal

Legal Issues

  1. 1 ['Was the sentence imposed manifestly excessive?' 'Did the sentencing judge err in principle in his approach to reduction for the guilty plea and other subjective circumstances?' 'Did the sentencing judge breach the principle in The Queen v De Simoni by considering uncharged acts?']

Ratio Decidendi

The sentence imposed was manifestly excessive given the quantity and circumstances and did not reflect the bounds of a proper sentencing discretion. The judge erred in principle by diminishing the reduction for the guilty plea due to consolidation of charges, contrary to established authority. The applicant should be re-sentenced within the range supported by like cases and statistics.

Court Disposition

Appeal allowed. Sentences quashed. Applicant re-sentenced.

Orders

  • ['Leave to appeal granted; appeal allowed; sentences quashed.' 'In lieu, the applicant is sentenced to imprisonment consisting of a non-parole period of six years, commencing on 15 January 2007 and expiring on 14 January 2013, with a balance of term of 3 years, expiring on 14 January 2016.']