Nguyen v The Queen

This matter concerns an application for special leave to appeal to the High Court of Australia by the applicant, Mr Nguyen, against a decision of the Court of Criminal Appeal. The applicant was represented by Mr T.A. Game and Mr S.J. Odgers, while the respondent, the Crown, was represented by Mr R. Keleman. The core of the dispute revolved around the sentencing of the applicant, with the applicant contending that the Court of Criminal Appeal had failed to properly consider relevant legislation and evidence during its review of the original sentencing decision.

The primary legal issue before the High Court was whether the Court of Criminal Appeal had erred in law by failing to have regard to the provisions of the *Children (Criminal Proceedings) Act* when it was obliged to resentence the applicant. The applicant argued that the Court of Criminal Appeal had not adequately considered evidence of his rehabilitation within a young offenders' program, nor had it properly taken into account other subjective factors such as his assistance to police and his role as a non-instigator in the offence.

The applicant's submission was that the sentencing judge had conceded a failure to have regard to the *Children (Criminal Proceedings) Act*. Consequently, the Court of Criminal Appeal was required to resentence the applicant, applying the Act. However, the applicant contended that the Court of Criminal Appeal did not undertake this resentencing exercise, instead making only a brief reference to the lack of evidence of rehabilitation, which the applicant disputed. The applicant argued that the Court of Criminal Appeal’s judgment demonstrated a failure to consider material tendered on appeal, including evidence of rehabilitation and other mitigating factors, which were essential for a proper resentencing.