| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
CRIMINAL DIVISION
S ECR 2023 0079; S ECR 2023 0080
Between:
| THE KING | |
| -and- | |
| DUC NGUYEN | First Accused |
| -and- | |
| SCARLETT CURHAM | Second Accused |
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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…
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- AGLC
- R v Nguyen & Curham [2024] VSC 616
- Case
- [2024] VSC 616
- Decision Date
CaseChat Overview and Summary
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.
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