Regina v Nguyen [2000] NSWCCA 45

Regina v Nguyen [2000] NSWCCA 45

The sentencing judge did not err in declining to find special circumstances or in fixing an additional term of one year, having regard to the seriousness of the offence, the applicant's background, the periods spent in and out of custody, and all relevant circumstances. The sentence was not manifestly excessive.

Jurisdiction
Australia
Judgment Date
16 February 2000
Procedural Posture
Criminal Appeal / Court of Criminal Appeal Judgment on Application for Leave to Appeal Sentence
Outcome
Leave to appeal against sentence granted; appeal dismissed.
Legal Topics
['sentencing' 'manslaughter' 'pre Sentence Custody' 'special Circumstances' 'minimum Term']
['criminal Law'] ['sentencing' 'manslaughter' 'pre Sentence Custody' 'special Circumstances' 'minimum Term']

Case Brief

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Procedural Posture

Criminal Appeal / Court of Criminal Appeal Judgment on Application for Leave to Appeal Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge erred in declining to find special circumstances warranting a longer additional term for parole eligibility' 'Whether the sentence imposed was manifestly excessive']

Ratio Decidendi

The sentencing judge did not err in declining to find special circumstances or in fixing an additional term of one year, having regard to the seriousness of the offence, the applicant's background, the periods spent in and out of custody, and all relevant circumstances. The sentence was not manifestly excessive.

Court Disposition

Leave to appeal against sentence granted; appeal dismissed.

Orders

  • ['Leave to appeal against sentence granted' 'Appeal dismissed']