Thuong Nguyen v R [2012] NSWCCA 184

Thuong Nguyen v R [2012] NSWCCA 184

No error was shown in the sentencing judge's consideration of the applicant's prior conduct, mental illness, or discount for assistance. The sentence imposed was within the range of sentences for the offence and cannot be said to be manifestly excessive.

Jurisdiction
Australia
Judgment Date
04 September 2012
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['appeal Against Sentence' 'importing Marketable Quantity of Heroin' 'manifestly Excessive Sentence' 'prior Criminal Record' 'admissions of Uncharged Acts' 'assistance to Authorities' 'personal Deterrence' 'mental Illness and Sentencing']
['criminal Law'] ['appeal Against Sentence' 'importing Marketable Quantity of Heroin' 'manifestly Excessive Sentence' 'prior Criminal Record' 'admissions of Uncharged Acts' 'assistance to Authorities' 'personal Deterrence' 'mental Illness and Sentencing']

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Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentence was manifestly excessive' 'The relevance of prior admissions of similar offending' "The effect of the applicant's mental illness on sentencing" 'Adequacy of sentencing discount for assistance']

Ratio Decidendi

No error was shown in the sentencing judge's consideration of the applicant's prior conduct, mental illness, or discount for assistance. The sentence imposed was within the range of sentences for the offence and cannot be said to be manifestly excessive.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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