Nguyen v The King

Case [2025] NSWCCA 42


Court of Criminal Appeal


Supreme Court


New South Wales

Medium Neutral Citation: Nguyen v R [2025] NSWCCA 42
Hearing dates: 21 February 2025
Date of orders: 26 March 2025
Decision date: 26 March 2025
Before: Davies J at [1]
Dhanji J at [2]
Huggett J at [57]
Decision:

(1)    Leave to appeal is granted.

(2)    Dismiss the appeal.

Catchwords:

CRIME – appeals – appeal against sentence – cultivation of prohibited plants by enhanced indoor means – pervert the course of justice – whether denial of procedural fairness – where sentencing judge rejected evidence in psychologist’s report – where no indication issue taken – psychologist’s conclusion a matter of speculation – inherently implausible – no practical injustice – leave to appeal granted – appeal dismissed

Legislation Cited:

Crimes Act 1900 (NSW), s 319

Criminal Appeal Act 1912 (NSW), s 5(1)(c)

Drug Misuse andTrafficking Act 1985 (NSW), s 23(2)(a)

Cases Cited:

Chow v Director of Public Prosecutions(NSW) (1992) 28 NSWLR 593

Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576

Da-Pra v R; R v Da-Pra [2014] NSWCCA 211

DL v The Queen (2018) 266 CLR 1; [2018] HCA 26

GAS v The Queen (2004) 217 CLR 198; [2004] HCA 22

Hone v Western Australia [2007] WASCA 283; 179 A Crim R 138

Klewer v National Disability Insurance Agency [2023] FCA 630

McLaughlin v R [2025] NSWCCA 13

O’Neil-Shaw v The Queen [2010] NSWCCA 42

R v Klamo (2008) 18 VR 644; [2008] VSCA 75;

R v Nguyen [2024] NSWDC 273

R v Palu [2002] NSWCCA 381; 134 A Crim R 174

R v Rodriguez [2010] NSWSC 198

Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam (2003) 214 CLR 1; [2003] HCA 6

Reberger v R [2011] NSWCCA 132

Richards v R [2023] NSWCCA 264

Weir v Regina [2011] NSWCCA 123

Category:Principal judgment
Parties: Huy Hong An Nguyen (Applicant)
Rex (Respondent)
Representation:

Counsel:
TF Woods (Applicant)
T Abdulhak (Respondent)

Solicitors:
KPT Defence Lawyers (Applicant)
Solicitor for Public Prosecutions (NSW) (Respondent)
File Number(s): 2021/00208620
Publication restriction: Nil
 Decision under appeal 
Court or tribunal:
District Court of New South Wales
Jurisdiction:
Criminal
Citation:

R v Nguyen [2024] NSWDC 273

Date of Decision:
5 July 2024
Before:
Abadee DCJ
File Number(s):
2021/00208620

HEADNOTE

[This headnote is not to be read as part of the judgment]

The applicant, Huy Hong An Nguyen, was sentenced with respect to two counts of knowingly taking part in the cultivation of a number of prohibited plants in an amount not less than the applicable commercial quantity, contrary to s 23(2)(a) of the Drug Misuse and Trafficking Act 1985 (NSW), and doing an act with intent to pervert the course of justice, contrary to s 319 of the Crimes Act 1900 (NSW). The applicant was afforded a combined discount of 20 percent with respect to each offence, comprised of 10 percent for his pleas of guilty, which were entered before and during…

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Nguyen v The King [2025] NSWCCA 42
Case
[2025] NSWCCA 42
Decision Date

CaseChat Overview and Summary

Nguyen was convicted of cultivating prohibited plants by enhanced indoor means and perverting the course of justice. He appealed against his sentence, contending that the sentencing judge erred in rejecting the evidence of a psychologist’s report. Nguyen argued that the rejection of the report amounted to a denial of procedural fairness and resulted in a sentence that was manifestly excessive. The appeal raised questions about the role and weight of expert evidence in sentencing and the procedural fairness owed to the appellant.

The court examined whether the sentencing judge had erred in disregarding the psychologist’s report and whether this amounted to a denial of procedural fairness. The report was not challenged on any basis of reliability or relevance. However, the court found that the psychologist’s conclusion was speculative and inherently implausible, and the sentencing judge was entitled to reject it. The court also held that the sentence imposed was not manifestly excessive and that no practical injustice resulted from the rejection of the report. The appeal was allowed, but the conviction and sentence were affirmed.

The court held that the sentencing judge was entitled to reject the psychologist’s report as it was speculative and implausible. The court found that there was no procedural unfairness as the issue of the psychologist’s report was not formally raised before the sentencing judge. The court also held that the sentence imposed was not manifestly excessive and that no practical injustice resulted from the rejection of the report. The appeal was dismissed, and the conviction and sentence were affirmed.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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