R v Nguyen [2013] NSWSC 197

R v Nguyen [2013] NSWSC 197

The offender, Philip Nguyen, was sentenced for manslaughter and wounding with intent to inflict grievous bodily harm based on acceptance he caused the death of Constable Crews during an exchange of gunfire initiated by his unlawful act, aggravated by his use of a firearm and objective seriousness heightened by foreseeability that the victim was a police officer. Statutory aggravation under s 21A(2)(a) applied because it was reasonably foreseeable that the victim might be a police officer, not because of actual knowledge. Sentences were ordered to be concurrent given singular criminal conduct, with mitigation for guilty plea and remorse, but reduced by lack of special circumstances and...

Parties
Prosecutor: The Crown; Offender: Philip Nguyen
Jurisdiction
Australia
Judgment Date
15 March 2013
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced to imprisonment
Legal Topics
Manslaughter, Wounding With Intent to Inflict Grievous Bodily Harm, Excessive Self Defence, Objective Seriousness, Sentencing
Criminal Law Manslaughter Wounding With Intent to Inflict Grievous Bodily Harm Excessive Self Defence Objective Seriousness Sentencing

Case Brief

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Parties

The Crown

Prosecutor

Philip Nguyen

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Assessment of objective seriousness for manslaughter and wounding offences
  2. 2 Whether statutory aggravating factor under s 21A(2)(a) Crimes (Sentencing Procedure) Act applies when offender did not know victim was police officer
  3. 3 Appropriate accumulation/concurrency of sentences for manslaughter and wounding

Ratio Decidendi

The offender, Philip Nguyen, was sentenced for manslaughter and wounding with intent to inflict grievous bodily harm based on acceptance he caused the death of Constable Crews during an exchange of gunfire initiated by his unlawful act, aggravated by his use of a firearm and objective seriousness heightened by foreseeability that the victim was a police officer. Statutory aggravation under s 21A(2)(a) applied because it was reasonably foreseeable that the victim might be a police officer, not because of actual knowledge. Sentences were ordered to be concurrent given singular criminal conduct, with mitigation for guilty plea and remorse, but reduced by lack of special circumstances and...

Court Disposition

convicted and sentenced to imprisonment

Orders

  • On charge of manslaughter, term of imprisonment of 9 years 6 months (non-parole period 7 years, balance 2 years 6 months)
  • On charge of wounding with intent to inflict grievous bodily harm, term of imprisonment of 6 years 3 months (non-parole period 4 years 9 months, balance 1 year 6 months)