Nguyen v The Queen

[2013] ACTCA 11

JEREMY NGUYEN v THE QUEEN
[2013] ACTCA 11 (28 February 2013)

APPEAL AND NEW TRIAL – in general and right of appeal – appeal against conviction – appeal dismissed.
CRIMINAL LAW – jurisdiction, practice and procedure – juries – direction to the jury where the accused has not given evidence – direction was sufficient
CRIMINAL LAW – particular offences – drug offences – possession of seized drugs – whether a jury could reasonably be satisfied beyond reasonable doubt that the accused possessed the seized drugs
APPEAL AND NEW TRIAL – general principles – in general and right of appeal – appeal against sentence – appeal dismissed.
CRIMINAL LAW – jurisdiction, practice and procedure – judgment and punishment – sentence – mitigation – motive for trafficking – financial gain – whether relevant – whether proved

Criminal Code 2002 (ACT), ss 602, 603(7)

Judicial Commission of New South Wales, Criminal Trial Courts Bench Book (Judicial Commission of New South Wales, 2007)

Domican v The Queen (1992) 173 CLR 555
M v The Queen (1994) 181 CLR 487
R v Filippetti (1978) 13 A Crim R 335
R v Hillier (2007) 228 CLR 618
R v Macris (2004) 147 A Crim R 99

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

No. ACTCA 15 of 2012
     ACTCA 57 of 2011
No. SCC 220A of 2009

Judges:        Refshauge, Burns and Buchanan JJ
Court of Appeal of the Australian Capital Territory
Date:           28 February 2013

IN THE SUPREME COURT OF THE     )          No. ACTCA 15 of 2012 
  )               ACTCA 57 of 2011
AUSTRALIAN CAPITAL TERRITORY           )          No. SCC 220A of 2009
  )

COURT OF APPEAL  )

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

BETWEEN:JEREMY NGUYEN

Appellant

AND:THE QUEEN

Respondent

ORDER

Judges:  Refshauge, Burns and Buchanan JJ
Date:  28 February 2013 
Place:  Canberra

THE COURT ORDERS THAT:

1. The appeal against conviction is dismissed.

1. The appeal against sentence is dismissed.

IN THE SUPREME COURT OF THE     )          No. ACTCA 15 of 2012
  )               ACTCA 57 of 2012
AUSTRALIAN CAPITAL TERRITORY           )          No. SCC 220A of 2009
  )

COURT OF APPEAL  )

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

BETWEEN:JEREMY NGUYEN

Appellant

AND:THE QUEEN

Respondent

Judges:  Refshauge, Burns and Buchanan JJ
Date:  28 February 2013 
Place:  Canberra

REASONS FOR JUDGMENT

THE COURT:
BACKGROUND

1. At 6.30 am on 26 September 2008 police executed a search warrant at 74 Tom Roberts Avenue, Conder.  No one was present.  Police seized a number of items associating the appellant with the premises and also found drugs.  Amongst the items associated with the appellant which were found in the main bedroom were the following:

·           an ACT proof of age card in the name of the appellant issued seven months earlier, on top of a chest of drawers;

·           a framed photograph of the appellant and his girlfriend also on top of the chest of drawers;

·…