Court of Criminal Appeal
Supreme Court
New South Wales
- Amendment notes
Medium Neutral Citation: Nguyen, Hung Manh v R [2020] NSWCCA 20 Hearing dates: 12 August 2019 Date of orders: 24 February 2020 Decision date: 24 February 2020 Before: Macfarlan JA at [1]
Johnson J at [2]
Lonergan J at [7]Decision: (1) Grant leave to appeal.
(2) Appeal dismissed.Catchwords: CRIMINAL LAW – appeal against sentence – parity –
appeal on basis that sentencing judge did not have regard to the principle of parity – parity in respect of co-offenders – applicant with greater role in the course of offending than co-offenders – criminal enterprise – sentence for cultivation of commercial quantity of cannabis plants – supply (deemed) of a commercial quantity of cannabisLegislation Cited: Drug Misuse and Trafficking Act 1985 (NSW) Cases Cited: Green v The Queen; Quinn v The Queen (2011) 244 CLR 462; [2011] HCA 49
Hiron v R [2018] NSWCCA 10
Jimmy v R (2010) 77 NSWLR 540; [2010] NSWCCA 60
Kelly v R [2017] NSWCCA 256
Lowe v The Queen (1984) 154 CLR 606; [1984] HCA 46
Postiglione v The Queen (1997) 189 CLR 295; [1997] HCA 26
Tran v R [2018] NSWCCA 220Category: Principal judgment Parties: Hung Manh Nguyen (Applicant)
Regina (Crown)Representation: Counsel:
Solicitors:
F Coyne (Applicant)
K Jeffreys (Crown)
T T M Pham (Applicant)
C Hyland (Crown)
File Number(s): 2017/215357 Publication restriction: Nil Decision under appeal
- Court or tribunal:
- District Court of NSW
- Jurisdiction:
- Criminal
- Citation:
- --
- Date of Decision:
- 07 September 2018
- Before:
- Maiden SC DCJ
- File Number(s):
- 2017/215357
Judgment
-
MACFARLAN JA: I agree with Lonergan J.
-
JOHNSON J: I agree with the orders proposed by Lonergan J and generally with her Honour’s reasons.
-
There were clear and explicable reasons for the differences in the sentences imposed upon the applicant and the co-offenders. Unlike the co-offenders, the applicant had extensive and repeated involvement in the cultivation of a commercial quantity of cannabis plants at these suburban premises in Kingswood. This Court has observed that this class of offence involves organised criminal activity whereby extremely valuable cannabis crops are cultivated in residential premises in urban areas utilising hydroponic cultivation measures and illegally diverted electricity “in places which were effectively hidden in plain sight in urban communities”: Tran v R [2018] NSWCCA 220 at [79], [157].
-
The applicant’s repeated involvement in cultivation at these suburban premises was to be contrasted with the very limited involvement by the co-offenders on one day with respect to a much smaller quantity of cannabis plants.
-
Further, the applicant asked that a further serious offence be taken into account on a Form 1 when passing sentence for the primary offence.
-
No basis has been demonstrated for an objective grievance concerning the different sentences passed in the case of the applicant and the co-offenders.
-
LONERGAN J: This is an application for leave to appeal from a sentence imposed by his Honour Judge Maiden SC DCJ on 7 September 2018. The applicant…
Keep reading for free
Create a free CaseChat account to read Nguyen, Hung Manh v The Queen and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2020] NSWCCA 20
- Decision Date
CaseChat Overview and Summary
The legal issue before the court was whether the sentencing judge had correctly applied the principle of parity, which requires that similarly situated offenders receive similar sentences, in assessing the appropriate penalty for the appellant's involvement in the criminal enterprise. The appellant contended that he played a more significant role in the cultivation of the cannabis plants than his co-offenders, who received lesser sentences, and that this warranted a more lenient sentence for him.
The High Court, in its judgement, examined the sentencing judge's consideration of the principle of parity and the factors relevant to the imposition of the sentence. The court noted that while the principle of parity is important, it is not an absolute rule and must be balanced with other considerations, such as the appellant's role in the offending and the need for general deterrence. The court held that the sentencing judge had appropriately considered the principle of parity and had given adequate weight to the appellant's greater role in the offending, as well as other relevant factors, in determining the appropriate sentence. The appeal was therefore dismissed.
The court did not make any further orders, and the original sentence imposed by the sentencing judge remained in place.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.