Van Dung Nguyen v R [2012] NSWCCA 42

Van Dung Nguyen v R [2012] NSWCCA 42

The sentence imposed upon the Applicant was within the range of sentences established in comparable cases; differences in criminality and role justified the disparity and no error was identified in the Sentencing Judge's approach. The Applicant has not demonstrated manifest excess or a justifiable sense of grievance...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
19 April 2012
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['cultivation of Commercial Quantity of Cannabis' 'parity Principle' 'manifestly Excessive Sentence']
['criminal Law'] ['cultivation of Commercial Quantity of Cannabis' 'parity Principle' 'manifestly Excessive Sentence']

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Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentence imposed upon the Applicant was manifestly excessive' "Whether there was unjustified disparity between the Applicant's sentence and those of the co-offenders, engaging the parity principle"]

Ratio Decidendi

The sentence imposed upon the Applicant was within the range of sentences established in comparable cases; differences in criminality and role justified the disparity and no error was identified in the Sentencing Judge's approach. The Applicant has not demonstrated manifest excess or a justifiable sense of grievance as to the disparity.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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