Thiu Dieu Vu v Regina [2018] NSWCCA 122

Thiu Dieu Vu v Regina [2018] NSWCCA 122

No error of principle by the sentencing judge was demonstrated. The same indicative sentences for counts 1 and 3 were justified by the Form 1 offences attached and the circumstances of the offending. The disparity in sentences between the applicant and co-offender Mr Vu was justified by differences in roles and criminality. The aggregate sentence imposed was not manifestly excessive.

Jurisdiction
Australia
Judgment Date
22 June 2018
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal against sentence granted; appeal dismissed.
Legal Topics
['sentencing' 'drug Offences' 'aggregate Sentences' 'parity Principle' 'manifest Excess']
['criminal Law'] ['sentencing' 'drug Offences' 'aggregate Sentences' 'parity Principle' 'manifest Excess']

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge erred in the approach to indicative sentences leading to an excessive aggregate sentence' 'Whether there was a justifiable sense of grievance comparing the sentence imposed on the applicant to that of a co-offender' 'Whether the sentence imposed on the applicant was manifestly excessive']

Ratio Decidendi

No error of principle by the sentencing judge was demonstrated. The same indicative sentences for counts 1 and 3 were justified by the Form 1 offences attached and the circumstances of the offending. The disparity in sentences between the applicant and co-offender Mr Vu was justified by differences in roles and criminality. The aggregate sentence imposed was not manifestly excessive.

Court Disposition

Leave to appeal against sentence granted; appeal dismissed.

Orders

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