Regina v Nguyen - [2000] NSWSC 1177

CITATION: Regina v Nguyen [2000] NSWSC 1177

FILE NUMBER(S): SC 70219/98; 70073/00

HEARING DATE(S): 18/08/00; 18/10/00; 17/11/00

JUDGMENT DATE: 15 December 2000

PARTIES :

Regina v Hoang Minh Nguyen

JUDGMENT OF: Whealy J at 1

COUNSEL : Ms Wendy Robinson QC - Crown
Dr M. Gumbert - Prisoner

SOLICITORS: S. E. O'Connor - DDP
Voros & Associates - Prisoner

LEGISLATION CITED: Correctional Centres Act
Crimes (Sentencing Procedure) Act 1989

CASES CITED: R v Previtera (1997) 94 A Crim R 76
Veen v The Queen (No 2) (1988) 164 CLR 465 at 477-478
R v Thomson; R v Houlton [2000] NSWCCA 309
R v Nguyen [2000] NSWSC 563, Dunford J

DECISION: In relation to the charge of murder, I sentence you to a term of imprisonment for 18 years. I set a non parole period of 9-1/2 years which is to commence on 19 August 2008 and is to expire on 18 February 2018. The prisoner is to be eligible for parole on 18 February 2018.; In relation to the charge of "attempt to escape from lawful custody" I sentence you to a term of 18 months imprisonment. I direct that the sentence commence on 19 February 2018 and I set a non parole period of 6 months to expire on 18 August 2018. The prisoner will be eligible for release on parole on 18 August 2018.; I recommend that the appropriate authorities consider the placement of the prisoner in a completely segregated prison during his imprisonment.; I also recommend that during his time in gaol, the prisoner should be provided with psychiatric assessment and treatment, and that such treatment should continue after his release on parole.

THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION

WHEALY J

FRIDAY 15 December 2000

70219/98 - REGINA v Hoang Minh NGUYEN
70073/00 - REGINA v Hoang Minh NGUYEN

SENTENCE 1 HIS HONOUR: There are two convictions for which the prisoner stands for sentence. The first charge is that the prisoner did on 9 April 1999 at Sydney, in the State of New South Wales, attempt to escape from custody, he then being an inmate at Silverwater Correctional Centre. 2 This charge is made under s 34(1) of the Correctional Centres Act. The offence carries a maximum penalty of ten years imprisonment. 3 The facts were as follows: - 4 On Friday 9 April 1999, the prisoner and two co-offenders, Messrs Dinh and Lu, were taken from the Silverwater Gaol Complex where each of them was in custody. They were conveyed to the Supreme Court, Queen’s Square, Sydney for an arraignment hearing. About 12.30 pm, the prisoner and the two co-offenders were removed from the cells and taken to Court 1A where they were seated in the dock. The charges were read out to the prisoner and a misunderstanding occurred between the prisoner and his barrister. As a result, the Judge granted a short adjournment so that the misunderstanding could be clarified. The door to the dock was then opened by…

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 Regina v Nguyen

Details

AGLC: Regina v Nguyen [2000] NSWSC 1177
Case: [2000] NSWSC 1177
Decision Date: 15 December 2000

CaseChat Overview and Summary

The Supreme Court of New South Wales heard the case of Regina v Hoang Minh Nguyen, in which the defendant stood convicted of two charges: murder and attempted escape from lawful custody. The court, presided over by Whealy J, delivered its judgment on December 15, 2000. The first charge involved the defendant's attempt to escape from custody at Silverwater Correctional Centre on April 9, 1999, while the second charge pertained to the defendant's involvement in the murder of Van Hung Tran on April 28, 1998, also at Silverwater. The legal issues before the court included determining the appropriate sentences for each charge, considering the circumstances of the offenses, and addressing the defendant's extensive criminal history and mental health.

In rendering its decision, the court meticulously examined the facts of each charge. The attempted escape was deemed amateurish and unplanned, with no injuries resulting from the incident. For the murder charge, the court found that the defendant, along with two co-offenders, had launched a brutal and sustained attack on the deceased, resulting in over sixty wounds and the deceased's death. The court rejected the defendant's claims of self-defense, noting the defendant's significant criminal history marked by violence and a lack of remorse.

The court balanced various aggravating and mitigating factors in sentencing. Aggravating factors included the defendant's prior convictions for serious offenses, demonstrating a pattern of violent behavior. Mitigating factors encompassed the defendant's deprived background, chronic depression, and the need for psychiatric treatment. The court decided on a sentence of eighteen years for the murder charge, with a non-parole period of nine and a half years, to commence on August 19, 2008. For the attempted escape charge, the court imposed an eighteen-month sentence, to commence on February 19, 2018, with a non-parole period of six months. The court recommended that the defendant be placed in a segregated prison environment and receive ongoing psychiatric treatment.

Orders