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Application allowed: resentenced to 18y with NPP of 14y. Applicant & his wife were travelling from Melbourne to Sydney in a hired car when they were stopped by police who carried out a breathalyser test on the applicant. Police asked to view a few items in the vehicle, including a lady's handbag which contained a large amount of money & a set of electronic scales.
NGUYEN, James (aka Sang Duc NGUYEN) - CCA, 8.12.2000Dowd & Howie JJCitation: R v Nguyen  NSWCCA 2Sentence appeal. Upon searching the car, they located a number of packages of heroin.
As a consequence, the applicant & co-offender received ,000 between them on the 1st occasion & ,000 on the 2nd occasion. Guilty plea - whether sentences manifestly excessive - relationship between discount for assistance to authorities & special circumstances considered - parity.
Appeal allowed: resentenced to aggregate MT 4y 6m, AT 9m.
Join criminal enterprise - directions to jury - character evidence. OLIG, Shane Eugen - NSW SC, Adams J, Citation: R v Olig  NSWSC 1242Remarks on sentence. The deceased died as a result of a fire in her home which was lit by the accused.
Robbery in company; murder; 2 further offences taken into account (AOABH, maliciously inflict GBH).
TOOTH, William Richard - CCA, Barr J, Carruthers AJCitation: R v Tooth  NSWCCA 482Sentence appeal.8 x obtain financial advantage by deception; 2 x make false statement; similar matters on a Form 1. Applicant & another were partners in a company called Crop Air Leasing Pty Ltd, which went into liquidation in 1992.
The subject offences were committed over a period from 1989 to 1992.
Applicant & co-offender also provided bank with false documents representing the Applicant as someone else & signed a loan document.
The true value of the items being financed was far less than that represented to the bank.