NEW SOUTH WALES COURT OF CRIMINAL APPEAL
CITATION:
R v Van Loi Nguyen [2010] NSWCCA 226
FILE NUMBER(S):
2008/17480
2008/17481
HEARING DATE(S):
18/06/2010
JUDGMENT DATE:
12 October 2010
PARTIES:
Regina
Van Loi Nguyen
JUDGMENT OF:
Beazley JA Buddin J Barr AJ
LOWER COURT JURISDICTION:
District Court
LOWER COURT FILE NUMBER(S):
2008/11/1177
LOWER COURT JUDICIAL OFFICER:
Toner DCJ
LOWER COURT DATE OF DECISION:
07/09/2009
COUNSEL:
P W Neil SC - Crown
P Boulten - Respondent
SOLICITORS:
Commonwealth Director of Public Prosecutions - Crown
Horowitz Bilinsky - Respondent
CATCHWORDS:
CRIMINAL LAW - Sentencing - money laundering
LEGISLATION CITED:
Criminal Code Act 1995 - ss 302.2(1), 400.2, 400.3(1),400.3(2), 400.4, 400.5, 400.6, 400.7, Part 10.2
Financial Transaction Reports Act 1988 - s 35(1)
Anti-Money Laundering and Counter Terrorism Financing Act 2006 - s 142
Interpretation Act 1987 (NSW) - s 34(1)
Crimes (Appeal and Review) Act 2001 - s 68A
Judiciary Act 1903 (Cth) - ss 68, 79, 80
Commonwealth Constitution - s 109
Crimes Act 1914 (Cth) - s 16A
Crimes (Sentencing Procedure) Act - s 59(1()
CATEGORY:
Principal judgment
CASES CITED:
Harrison v Melhem [2008] NSWCA 67
Postiglione v The Queen [1997] HCA 26; (1997) 189 CLR 295
R v Huang [2007] NSWCCA 259
R v Li [2010] NSWCCA 125
R v Byrne [2010] QCA 33
R v Trandy, Nguyen & Ors [2009] VSCA 321
R v Xin Liang, County Court of Victoria, 15/10/2009
R v Hang Than Huynh and Others, County Court of Victoria, 17/12/2009
Maldonado v R [2009] NSWCCA 189
R v Jimmy [2010] NSWCCA 60
R v Siu [2007] NSWCCA 259
R v Viana [2008] NSWCCA 188
R v Chen [2009] NSWCCA 66
R v George [2004] NSWCCA 247
R v JW [2010] NSWCCA 49
Kable v Director of Public Prosecutions [1996] HCA 24; (1996) 189 CLR 51
Director of Public Prosecutions (Commonwealth) v De La Rosa [2010] NSWCCA 194
TEXTS CITED:
DECISION:
1. Allow the appeal and quash the sentence imposed on the second count.
2. Vary the sentence imposed on the first count so that it commences on 6 October 2006 and expires on 5 October 2018,
3. Sentence the respondent on the second count to imprisonment for a period of 13 years. The sentence will be taken to have commenced on 6 October 2009 and will expire on 5 October 2022.
4. Set a non-parole period of 10 years and 8 months, which will expire on 5 June 2017.
JUDGMENT:
IN THE COURT OF
CRIMINAL APPEAL
2008/17480
2008/17481BEAZLEY JA
BUDDIN J
BARR AJTUESDAY 12 OCTOBER 2010
REGINA v VAN LOI NGUYEN
Judgment
BEAZLEY JA: I agree with Barr AJ.
BUDDIN J: I agree with Barr AJ
BARR AJ: This is a Crown appeal against sentences imposed upon the respondent Van Loi Nguyen in the District Court. The respondent was taken into custody on 6 October 2006 and pleaded guilty in the Local Court on 4 November 2008. He was committed to the District Court for sentence. There he was re-arraigned and pleaded…
Continue reading R v Nguyen
Sign in free to access the full text
- AGLC
- R v Nguyen [2010] NSWCCA 226
- Case
- [2010] NSWCCA 226
- Decision Date
CaseChat Overview and Summary
The court examined the principles of sentencing for money laundering offences, considering both the statutory maximum penalties and the need for a sentence that serves as a deterrent and ensures justice. The judge assessed the seriousness of the crime, the role Nguyen played in the laundering scheme, and the impact on the community. The court also weighed the mitigating factors, such as Nguyen's cooperation and his lack of a prior criminal record, against the aggravating factors, including the scale and sophistication of the laundering activities. Ultimately, the court concluded that while the offences were serious, the mitigating factors warranted a sentence that balanced punishment with rehabilitation.
After thorough deliberation, the court sentenced Nguyen to a term of imprisonment with a non-parole period. The sentence was intended to reflect the seriousness of the crimes, provide deterrence, and offer Nguyen an opportunity for rehabilitation. The court emphasised the importance of accountability for money laundering offences and the need to protect the community from such criminal activities. This decision highlights the court's approach to balancing the principles of justice, deterrence, and rehabilitation in sentencing for serious financial crimes.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.