R v Nguyen - [2007] NSWSC 389

CITATION: Regina v Nguyen [2007] NSWSC 389

HEARING DATE(S): 20/03/07

JUDGMENT DATE :
24 April 2007

JUDGMENT 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 1900

CASES 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 510

PARTIES: Regina v Hoang Minh Nguyen

FILE NUMBER(S): SC 2006/2290

COUNSEL: Mr P. Barrett - Crown
Ms D. Yehia - Offender

SOLICITORS: Office of DPP - Crown
Legal Aid Commission - Offender

IN THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION
CRIMINAL LIST

WHEALY 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…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Nguyen

Details

AGLC: R v Nguyen [2007] NSWSC 389
Case: [2007] NSWSC 389
Decision Date: 24 April 2007

CaseChat Overview and Summary

In Regina v Nguyen, the defendant, Hoang Minh Nguyen, pleaded guilty to the charge of murder for stabbing Chy Pou Yeak to death during an armed robbery at the Cabramatta East Newsagency on 22 November 2005. The court assessed the objective seriousness of the offence, taking into consideration the nature of the crime, the offender's actions, and the use of a knife. The court determined that the offence was serious but fell below the mid-range of objective seriousness for a murder case. The court also examined the subjective factors of the offender, such as his background, history of drug addiction, and mental health issues. Despite these factors, the court found that they did not significantly reduce the level of criminality involved in the offence. The court imposed a sentence of imprisonment with a non-parole period of 13 years and six months, to be backdated to the date of the offender's custody. The court also recommended that the offender receive treatment and counselling for his depression and drug addiction during his incarceration and parole.

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