Nguyen v R

Case [2012] ACTCA 24


PHUONG VIET NGUYEN v THE QUEEN
[2012] ACTCA 24 (22 May 2012)

CRIMINAL LAW – practice and procedure – trial by judge alone – whether the verdict of the trial judge was unsafe and unsatisfactory – whether the trial judge erred in finding that there was no evidence before him that could be seen to form the basis of a rational inference that the person who committed the offence was someone other than the appellant – whether the trial judge failed to include in his judgment the principles of law applied by him and the findings of fact on which he relied – appeal dismissed

Crimes Act 1900 (ACT), s 27
Supreme Court Act 1933 (ACT), s 68
Criminal Procedure Act 1986 (NSW), ss 32, 33

R v Mulcahy [2010] ACTSC 98
R v DM [2010] ACTSC 137
R v Prasad (1979) 23 SASR 161
R v Marshall (1987) 49 SASR 133
Fox v Percy (2003) 214 CLR 118
Fleming v The Queen (1998) 197 CLR 250
AK v Western Australia (2008) 232 CLR 438

ON APPEAL FROM A SINGLE JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

No. ACTCA 15-2011
No. SC 118 of 2010

Judges:        Higgins CJ, Refshauge and Lander JJ
Court of Appeal of the Australian Capital Territory
Date:           22 May 2012

IN THE SUPREME COURT OF THE     )          No. ACTCA 15-2011
  )          No. SC 118 of 2010
AUSTRALIAN CAPITAL TERRITORY           )
  )

COURT OF APPEAL  )

ON APPEAL FROM A SINGLE JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN:PHUONG VIET NGUYEN

Appellant

AND:THE QUEEN

Respondent

ORDER

Judges:  Higgins CJ, Refshauge and Lander JJ
Date:  22 May 2012 
Place:  Canberra

THE COURT ORDERS THAT:

  1. The appeal be dismissed.

IN THE SUPREME COURT OF THE     )          No. ACTCA 15-2011
  )          No. SC 118 of 2010
AUSTRALIAN CAPITAL TERRITORY           )
  )

COURT OF APPEAL  )

ON APPEAL FROM A SINGLE JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN:PHUONG VIET NGUYEN

Appellant

AND:THE QUEEN

Respondent

Judges:  Higgins CJ, Refshauge and Lander JJ
Date:  22 May 2012 
Place:  Canberra

REASONS FOR JUDGMENT

THE COURT:

  1. This is an appeal against conviction.

  1. This appeal first came on for hearing before this Court on 3 November 2011 when it was adjourned so that the appellant could add a further ground of appeal.

  1. Subsequently, on 10 November 2011, an amended notice of appeal was filed.

  1. For the reasons which follow the appeal should be dismissed.

The Facts

  1. The appellant was charged with three offences:  first, that on 19 October 2009, he discharged a loaded firearm at Thanh Tran; secondly, that on the same day he attempted to murder Mr Tran; thirdly, and in the alternative to the second count, that he discharged a loaded firearm at Mr Tran.

  1. The appellant elected to be tried by judge alone.  On 23 February 2011, the trial judge entered a verdict of guilty in respect of the first and third counts, and a verdict of not guilty…

Continue reading Nguyen v R

Sign in free to access the full text

Details
AGLC
Nguyen v R [2012] ACTCA 24
Case
[2012] ACTCA 24
Decision Date

CaseChat Overview and Summary

The appellant, Nguyen, appealed to the Court of Criminal Appeal of New South Wales against his conviction for an offence following a trial by judge alone. The central dispute concerned the safety and satisfactoriness of the trial judge's verdict, with the appellant arguing that the verdict was unsafe and unsatisfactory.

The Court of Criminal Appeal was required to determine whether the trial judge erred in finding that there was no evidence before him that could form the basis of a rational inference that someone other than the appellant committed the offence. Additionally, the Court had to consider whether the trial judge failed to adequately articulate the legal principles applied and the factual findings upon which his judgment was based.

In dismissing the appeal, the Court of Criminal Appeal reasoned that the trial judge had properly considered all the evidence presented. The Court found that the trial judge's conclusion that no rational inference could be drawn that a person other than the appellant committed the offence was soundly based on the evidence. Furthermore, the Court was satisfied that the trial judge's judgment, while perhaps not explicitly detailing every legal principle and factual finding in exhaustive detail, sufficiently demonstrated the reasoning process and the factual underpinnings of his verdict, such that it was not unsafe or unsatisfactory.

The appeal was dismissed.

Orders

Orders of the court

1.

The appeal be dismissed.

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.