SUPREME COURT OF QUEENSLAND
CITATION:
R v Nguyen [2016] QCA 57
PARTIES:
R
v
NGUYEN, Nam Van
(appellant/applicant)FILE NO/S:
CA No 219 of 14
SC No 566 of 12DIVISION:
Court of Appeal
PROCEEDING:
Appeal against Conviction & Sentence
ORIGINATING COURT:
Supreme Court at Brisbane – Date of Conviction: 8 August 2014; Date of Sentence: 15 August 2014
DELIVERED ON:
11 March 2016
DELIVERED AT:
Brisbane
HEARING DATE:
28 August 2015
JUDGES:
Holmes CJ and Gotterson and Morrison JJA
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDERS:
1. Appeal against conviction dismissed.
2. Application for leave to appeal against sentence refused.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE – APPEAL DISMISSED – where the appellant was found guilty after trial of one count of unlawfully trafficking in heroin and one count of possessing a sum of money obtained from trafficking – where telephone intercept evidence established that the user of a certain mobile telephone was trafficking heroin – where the Crown case was that the appellant was the user of the relevant telephone – where the Crown relied on an accumulation of circumstantial evidence to infer the appellant was the user of the relevant telephone – whether the jury could be satisfied beyond reasonable doubt on the evidence that the appellant was the user of the relevant telephone
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the appellant was found guilty of one count of unlawfully trafficking heroin and one count of possessing a sum of money obtained from trafficking – where the appellant was sentenced to 12 years and six months imprisonment on the trafficking count – where the appellant was sentenced on the basis of trafficking over a four month period as a wholesale and street-level dealer with a turnover in excess of $50,000 – whether the sentence was manifestly excessive
R v Carey[2015] QCA 51, cited
R v Feakes[2009] QCA 376, cited
R v Galeano [2013] 2 Qd R 464; [2013] QCA 51, cited
R v George[2001] QCA 135, cited
R v Johnson[2014] QCA 79, cited
R v Matasaru[2000] QCA 246, considered
R v McGinniss[2015] QCA 34, citedR v Ryan[2014] QCA 78, cited
R v Safi[2015] QCA 13, cited
R v Saunders[2007] QCA 93, cited
R v Le (2002) 127 A Crim R 573; [2002] QCA 17, cited
R v Truong & Nguyen[2001] QCA 98, cited
R v Versac[2014] QCA 181, consideredCOUNSEL:
S J Keim SC for the appellant/applicant
D L Meredith for the respondentSOLICITORS:
Guest Lawyers for the appellant/applicant
Director of Public Prosecutions (Queensland) for the respondent
HOLMES CJ: The appellant was found guilty by a jury of one count of unlawfully trafficking…
Continue reading R v Nguyen
Sign in free to access the full text
- AGLC
- R v Nguyen [2016] QCA 57
- Case
- [2016] QCA 57
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the verdict was unreasonable or insupportable having regard to the evidence, and whether the sentence was manifestly excessive. The court examined the strength of the circumstantial evidence and whether it was sufficient to support the jury’s conclusion that Nguyen was the user of the phone in question. Additionally, the court assessed whether the sentence imposed was appropriate given the nature and scale of the trafficking activity.
The High Court found that the jury was entitled to conclude that Nguyen was the user of the phone based on the evidence presented. The circumstantial evidence, including phone records and other relevant factors, provided a sufficient basis for the jury to find Nguyen guilty beyond reasonable doubt. The court also held that the sentence was not manifestly excessive, considering the scale of the trafficking operation and the turnover involved. Therefore, the appeal against the conviction was dismissed, and the application for leave to appeal against the sentence was refused.
In summary, the High Court upheld Nguyen's conviction and sentence, dismissing the appeal against both the conviction and the sentence. The court found that the evidence was sufficient to support the jury's verdict and that the sentence was appropriate for the crimes committed.
Orders
Orders of the court
1. Appeal against conviction dismissed.
2. Application for leave to appeal against sentence refused.
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.