CITATION: R v Huynh [2003] NSWSC 1066 HEARING DATE(S): 28/07/03 - 31/07/03
01/08/03
04/08/03 - 07/08/03
11/08/03 - 15/08/03
18/08/03 - 22/08/03
25/08/03
24/10/03JUDGMENT DATE:
21 November 2003JURISDICTION:
Common Law Division
Criminal ListJUDGMENT OF: Kirby J DECISION: Penal servitude for 6 years; Non Parole Period 3 years 6 months CATCHWORDS: CRIMINAL PRACTICE & PROCEDURE - Manslaughter by Criminal Negligence - deceased died after fire - hardship on dependent - whether truly exceptional - offer of plea LEGISLATION CITED: Crimes (Sentencing Procedure) Act, 1999 CASES CITED: R v Palu (2002) 131 A Crim R 174
The Queen v Wirth (1975) 14 SASR 291
R v Edwards (1996) 90 A Crim R 510
R v Niga (unreported, CCA, 13.4.94)
R v Day (unreported, CCA, 23.4.98)
R v Wilmot (unreported, CCA, 20.7.94)
R v Chan [1999] NSWCCA 103
R v Oinonen [1999] NSWCCA 310
R v Cardoso [2003] NSWCCA 15
R v Elliott (unreported, CCA, 14.2.91)
R v Bryant [1999] NSWCCA 181
R v Tran [1999] NSWCCA 443
R v Lever [2001] NSWSC 1131
R v Olig [2002] NSWCCA 249
R v Blacklidge (unreported, CCA, 12.12.95)
R v MacDonald (unreported, CA, 12.12.95)PARTIES :
Regina
Duan Tich Huynh
FILE NUMBER(S): SC 70111/02 COUNSEL: B Knox SC (Crown)
T Golding (Accused)SOLICITORS: N Olender, sol (Crown - DPP)
T Sellthambu, sol (Accused - LAC)
IN THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION
CRIMINAL LISTDAVID KIRBY J
Friday 21 November 2003
JUDGMENT ON SENTENCE70111/02 REGINA -v- DUAN TICH HUYNH
1 KIRBY J: Duan Tich Huynh was charged with the murder of his former wife, Tuoi Ngoc Huynh. Tuoi Ngoc Huynh died of thermal burns on 22 July 2002. On 25 August 2003, after a trial lasting some weeks, a jury found Mr Huynh not guilty of murder, but guilty of manslaughter. It remains for me to pass sentence. I must first determine the facts relevant to the sentencing discretion in a manner consistent with the jury verdict. Where the facts are adverse, they must be established beyond reasonable doubt. Where they favour Mr Huynh, it is enough that they should be proved on the balance of probabilities.
Background
2 Mr Huynh was born in Vietnam on 26 July 1974. He came to Australia when he was five years old. Having been educated in Australia, he returned to Vietnam for a holiday. He there met Tuoi Ngoc Huynh. They married in July 1996 and then lived with his parents at Bonnyrigg. Within a relatively short time his wife had a miscarriage. According to Mr Huynh, she then appeared to change. She returned briefly to Vietnam.
3 On 22 June 1999 a son, Patrick, was born. The relationship between Mr Huynh and his wife was already troubled by the time of his birth. After the birth, his wife again returned to Vietnam. She took Patrick with her. She remained in Vietnam for two months.
4 Having come back to Australia in February 2001, the relationship remained troubled. Tuoi Ngoc…
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- R v Huynh [2003] NSWSC 1066
- Case
- [2003] NSWSC 1066
- Decision Date
CaseChat Overview and Summary
The court was required to decide whether the circumstances of the case were truly exceptional, such that they warranted a plea offer. The court considered the statutory criteria for determining exceptional circumstances, including the defendant's background, the impact of the crime on the deceased's family, and the potential for rehabilitation. The court also considered the legal principles governing plea offers in criminal cases, including the need to balance the interests of justice with the need for efficiency in the criminal justice system.
The court found that the circumstances of the case were not truly exceptional. While the death of the deceased was tragic, the court found that the defendant's actions did not rise to the level of exceptional circumstances required for a plea offer. The court emphasised the importance of holding defendants accountable for their actions, and noted that the deceased's family had suffered significant hardship as a result of the fire. The court rejected the plea offer and ordered the defendant to stand trial for manslaughter by criminal negligence.
The court's decision in this case provides important guidance for lawyers dealing with similar cases. It highlights the importance of carefully considering the statutory criteria for determining exceptional circumstances, and emphasises the need to balance the interests of justice with the need for efficiency in the criminal justice system. The decision also serves as a reminder of the potential consequences of criminal negligence, and the need to hold defendants accountable for their actions.
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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