Huynh v R [2022] NSWCCA 45

Huynh v R [2022] NSWCCA 45

The sentencing judge did not err in finding the applicant was involved in all four importations; evidence corroborated key witness testimony. However, there was an error in not taking into account the entire period of pre-sentence custody. Sentence must be quashed and re-imposed to correct this error without a fresh exercise of the sentencing discretion.

Jurisdiction
Australia
Judgment Date
25 March 2022
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal against sentence allowed in respect of ground 2; sentence quashed and re-imposed.
Legal Topics
['sentence' 'conspiracy to Import Precursor' 'pre Sentence Custody' 'error in Sentence Calculation']
['criminal Law'] ['sentence' 'conspiracy to Import Precursor' 'pre Sentence Custody' 'error in Sentence Calculation']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge erred by finding the applicant was involved in all four importations beyond reasonable doubt' 'Whether the sentence was affected by failure to take into account all periods of pre-sentence custody']

Ratio Decidendi

The sentencing judge did not err in finding the applicant was involved in all four importations; evidence corroborated key witness testimony. However, there was an error in not taking into account the entire period of pre-sentence custody. Sentence must be quashed and re-imposed to correct this error without a fresh exercise of the sentencing discretion.

Court Disposition

Appeal against sentence allowed in respect of ground 2; sentence quashed and re-imposed.

Orders

  • ['The time in which to file a notice of appeal is extended until 26 October 2021.' 'Leave to appeal in respect of ground 1 is refused.' 'Leave to appeal in respect of ground 2 is granted.' 'The appeal against sentence is allowed in respect of ground 2.' 'The sentence imposed on the applicant in the District Court is...