JUDGE:	Beale J
WHERE HELD:	Melbourne
DATE OF HEARING:	3 July & 4 October 2024
DATE OF SENTENCE:	4 October 2024
CASE MAY BE CITED AS:	R v Nguyen & Curham
MEDIUM NEUTRAL CITATION:	[2024] VSC 616

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CRIMINAL LAW — Sentence — Murder & manslaughter — Co-offenders were in an intimate relationship and were involved in fatal shooting of victim in a car in a public street — Curham had previously been in an intimate relationship with victim — Curham texted victim multiple times on day in question and lured victim to car on false pretences — Whilst victim sat in front passenger seat, and Curham sat in drivers seat, Nguyen, whilst sitting in rear passengers seat, shot victim once in upper right back — At his trial, Nguyen admitted shooting victim fatally but denied murderous intention — Nguyen found guilty of murder after trial — Curham pleaded guilty to manslaughter at early stage — Nguyen, aged 43 at time of murder, had extensive priors and poor prospects of rehabilitation — Nguyen suffers from schizophrenia — Verdins 5 applicable to Nguyen — Curham, aged 21 at time of manslaughter, had one prior and good prospects of rehabilitation — Curham suffers from post-traumatic stress disorder — Verdins 1, 4 & 5 applicable to Curham — Nguyen sentenced to 29 years’ imprisonment (NPP 21 years) for murder — Curham sentenced to 10 years’ imprisonment (NPP 6 years) for manslaughter — R v Verdins (2007) 16 VR 269; [2007] VSCA.

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms K Churchill with Mr J Manning	Office of Public Prosecutions
For the Accused, Duc Nguyen	Ms A Beech with Mr D Brown	Hofman Carroll Criminal Law
For the Accused, Scarlett Curham	Mr G Steward	Galbally & O’Bryan Lawyers

HIS HONOUR:

CIRCUMSTANCES OF OFFENCE

Duc Nguyen and Scarlett Curham, the two of you are criminally responsible for the death of Brian Laidlaw on 12 July 2022 in Napier Street, Fitzroy. You, Nguyen, are guilty of murder, which carries a maximum penalty of life imprisonment. You, Curham, are guilty of manslaughter, which carries a maximum penalty of 25 years’ imprisonment. Nguyen, you shot Laidlaw fatally in the right upper back as he sat in the front passenger seat of an Audi Q3 which you borrowed for your joint criminal enterprise. You, Curham, were sitting in the driver seat at the time and had been texting Laidlaw throughout the day, luring him to the Audi on false pretences (namely, that you intended to purchase drugs from him). You, Curham, wanted Laidlaw shot because of a grievance you had against him, of which I will say more later. Nguyen was your intimate partner as at 12 July 2022 and he was happy to oblige you.
The joint criminal enterprise to…

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 & Curham

Details

AGLC: R v Nguyen & Curham [2024] VSC 616
Case: [2024] VSC 616
Decision Date: 4 October 2024

CaseChat Overview and Summary

In the Supreme Court of Victoria, the case of R v Nguyen & Curham involved the sentencing of two individuals, Nguyen and Curham, who had been involved in the fatal shooting of a victim in a car on a public street. Nguyen had shot the victim, while Curham, who had previously been in a relationship with the victim, had lured the victim to the car under false pretences. Nguyen was found guilty of murder after a trial, while Curham had pleaded guilty to manslaughter at an early stage. The court was required to consider various factors in determining the appropriate sentences for both individuals.

The primary legal issues that the court needed to address were the nature and circumstances of the offence, the personal circumstances of each offender, and the principles of sentencing for murder and manslaughter. The court also needed to consider the Verdins principles applicable to each offender. The court had to balance the need for punishment, deterrence, and rehabilitation, while also considering the aggravating and mitigating factors present in the case.

In determining the sentences, the court considered the extensive criminal history of Nguyen, who had poor prospects of rehabilitation and suffered from schizophrenia. The court also noted that Nguyen had admitted to shooting the victim but denied any intention to kill. The court found that the Verdins 5 principle, which emphasised the seriousness of the offence, was applicable to Nguyen. Consequently, Nguyen was sentenced to 29 years’ imprisonment, with a non-parole period of 21 years. For Curham, the court considered her age at the time of the offence, her one prior conviction, and her good prospects of rehabilitation. The court also noted that Curham suffered from post-traumatic stress disorder. The court found that the Verdins 1, 4, and 5 principles were applicable to Curham and sentenced her to 10 years’ imprisonment, with a non-parole period of 6 years.

The court's decision resulted in Nguyen being sentenced to 29 years' imprisonment for murder, with a non-parole period of 21 years, and Curham being sentenced to 10 years' imprisonment for manslaughter, with a non-parole period of 6 years. The court's reasoning and outcome were based on the specific circumstances of the case, the personal circumstances of each offender, and the principles of sentencing for murder and manslaughter.

Orders