CITATION: Regina v Nguyen [2007] NSWSC 389 HEARING DATE(S): 20/03/07
JUDGMENT DATE :
24 April 2007JUDGMENT OF: Whealy J at 1 DECISION: For the crime of murder, I sentence you to imprisonment. I set a non-parole period of 13 years and 6 months. This is to commence on 22 November 2005 and to expire on 21 May 2019. The balance of the term is to be for a period of 4 years and 6 months commencing on 22 May 2019 and expiring on 21 November 2023. I recommend that during this period in prison, the offender receive treatment and counselling for his depression and his drug addiction. I further recommend that these treatments be extended to the offender during the time on parole. LEGISLATION CITED: Crimes (Sentencing Procedure) Act
Crimes Act 1900CASES CITED: R v Mills NSWCCA 3 April 1995 unreported
R v JB and RJH (1999) NSWCCA 93 at (33)
R v Way [2004] 60 NSWLR 168
R v AJP [2004] 150 A Crim R 575
R v Vu [2006] NSWCCA 188
R v LMP [2006] NSWCCA 271
R v Henry & Ors (1999) 106 A Crim R 149 at para 273; (1999) 46 NSWLR 346 at 397-8
R v SY; R v KS BC200306107; [2003] NSWCCA 291 at paras 56 to 62
Previtera (1997) 94 ACR 76
Bollen (1998) 99 A Crim R 510PARTIES: Regina v Hoang Minh Nguyen FILE NUMBER(S): SC 2006/2290 COUNSEL: Mr P. Barrett - Crown
Ms D. Yehia - OffenderSOLICITORS: Office of DPP - Crown
Legal Aid Commission - Offender
IN THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION
CRIMINAL LISTWHEALY J
TUESDAY 24 April 2007
2006/2290 - REGINA v Hoang Minh NGUYEN
SENTENCE
1 HIS HONOUR: Hoang Minh Nguyen (whom I shall refer to as “the offender”) was indicted before Barr J on 1 December 2006. He pleaded guilty to a charge that on 22 November 2005 at Cabramatta he did murder Chy Pou Yeak (“the deceased”).
2 It is the Crown case that at about 5pm on 22 November 2005, the offender went to the Cabramatta East Newsagency with the intention of committing an armed robbery. At the time, he was armed with a knife. After spending over an hour inside the newsagency he approached the counter and produced the knife. He then demanded money from the deceased, who was the owner of the newsagency. In the course of the armed robbery, the offender stabbed the deceased a number of times wounding him, and one of the stab wounds penetrated the deceased’s right axillary vein causing his death.
3 It is necessary to make some further findings of fact to add detail to this brief overview of the circumstances surrounding the death of the deceased. The parties have agreed on a version of the facts that the Court may treat as reliable. I have examined all of the material in the sentencing proceedings and I am satisfied that the facts are as agreed between the…
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- AGLC
- R v Nguyen [2007] NSWSC 389
- Case
- [2007] NSWSC 389
- Decision Date
CaseChat Overview and Summary
The primary legal issue in this case was to determine the appropriate sentence for the defendant, considering both the objective seriousness of the crime and the subjective factors related to the offender. The court had to assess the nature and circumstances of the offence, taking into account the use of a dangerous weapon, the offender's actions, and the vulnerability of the victim. Additionally, the court had to evaluate the subjective factors of the offender, such as his background, drug addiction, and mental health issues, to determine if they warranted any reduction in the sentence. The court also had to consider the principles of general deterrence, specific deterrence, and rehabilitation in imposing the sentence.
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
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Ratio Decidendi
Legal Principle Established
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