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Selected Cases
The following are selected cases publicly available that the Principal Solicitor of Nicodemus Lawyers, Sherwood Du, has appeared in, either as the Instructing Solicitor or as Solicitor Advocate. Not all cases are published. For example, cases that are withdrawn/struck out or do not result in a conviction, cases that are legally supressed, and cases in which the Court applies its discretion. Cases at the Magistrates' Court level, including
Diversion matters, are not ordinarily published with Sentencing Remarks.
- The Matter of Sze [2016]: Acted for the Accused in relation to an alleged 90kg methylamphetamine drug importation.
- Mr Tim Au v Sing Tao Newspapers Pty Ltd [2017] FWC 1303: Acted for the Respondent. Application for relief from unfair dismissal – jurisdictional objection to Application by Respondent – whether Applicant’s dismissal a case of genuine redundancy – finding on a narrow basis, that the dismissal was not a genuine redundancy – further proceedings ordered.
- Junus v Fairfax Media Publications Pty Ltd; Junus v Sing Tao Newspapers Pty Ltd [2018] NSWSC 1735: Acted for the Second Defendant. In each proceeding, imputations (a), (b), (e), (f) and (g) are struck out with leave to replead; costs are reserved until the next occasion; leave is granted to the Plaintiff to file any Amended Statement of Claim on or before 23 November; both matters adjourned to 30 November 2018.
- Chen v Commissioner of the Australian Federal Police [2017] FCA 1558: Acted for the Prospective Applicant. Prospective challenge to search warrants issued under s 3E of the Crimes Act 1914 (Cth) – sufficiency of information before the issuing officer –issuing Magistrate’s satisfaction that there were reasonable grounds for suspecting that there would be evidence of the offence of having dealt with property reasonably suspected of being proceeds of crime, contrary to s 400.9(1) of the Criminal Code 1995 (Cth).
- Director of Public Prosecutions v Wan [2019] VCC 1112: Acted for the Accused. 1 charge of culpable driving causing death pursuant to Section 318 of the Crimes Act 1958 (Vic). Offence punishable by a maximum of 20 years imprisonment. Early Plea of Guilty accompanied with remorse. Sentenced to imprisonment for 8 years with a non-parole period of 5 and 1/2 years. The Court noted that but for the plea, the Accused would have been sentenced to 9 years imprisonment, with a non-parole of 6 years.
- Director of Public Prosecutions v Lu [2021] VCC 1148: Acted for the Accused. 1 charge of kidnapping – 22-year-old female offender whose role was to lure the victim so that he could be kidnapped by the principal offenders – financial motive for offending – offender is a Chinese national who had been in Australia for approximately five years on a student visa – no prior offending – plea of guilty – assistance by offender to law enforcement authorities – risk of deportation. Sentence: 18 months imprisonment with a non-parole period of 9 months. The Court noted that but for the plea, the Accused would have been sentenced to 2 years and 6 months imprisonment with a non-parole period of 2 years.
- Director of Public Prosecutions (Cth) v John Bowen (a pseudonym) [2021] VCC 1492: Acted for the Accused. Importing tobacco products with the intention of defrauding the revenue (one count) – Commonwealth Offence – total duty evaded $1,640,578.74 – no prior criminal history – plea of guilty during the currency of the pandemic – possibility of deportation at the conclusion of sentence – significant but not principal role in the importation – reasonable prospects of rehabilitation. Sentenced to be imprisoned for 26 months with a non-parole period of 16 months upon entering a Recognizance Release Order in the amount of $1,500.00, to be of good behaviour for a period of two years. The Court noted that but for the plea, the Accused would have been sentenced to 2 years and 10 months imprisonment, with a 2 year non-parole period before being released upon a Recognizance Release Order in the sum of $1,500.00, to be of good behaviour for a period of three years.
- RSPCA (Vic) v X (a pseudonym) [2022] MMC (14 February 2022), MCC (1 June 2022): Acted for the Accused for unreasonably providing treatment to a sick animal and aggravated cruelty to an animal causing death. The Presiding Magistrate noted that had the Accused not entered a guilty plea, the Accused would have been sentenced to two months imprisonment. On Appeal, reduced a fine of $32,000 to $15,000.
- Director of Public Prosecutions v Huang [2022] VCC 2226: Acted for the Accused. 2 charges of negligently causing serious injury – Driving on the wrong side of the road – Gravity of offending – Moral culpability – Remorse – Good character – Punishment – General deterrence – Denunciation – Expectations of the community of drivers. Each offence punishable by a maximum of 10 years. Total effective sentence of 2 years and 8 months with a minimum non-parole period of 14 months and all licences are cancelled and disqualified from driving for a period of 2 years. The Court noted that but for the plea, the Accused would have been sentenced to 5 years and with a non-parole period of 3 years.
- Director of Public Prosecutions (Cth) v Di Sanh Duong [2024] VCC 182: Acted for the Accused, Mr Sunny Duong. This was Australia's first foreign interference national security test case. The offence carries a maximum sentence of imprisonment of 10 years. Mr Duong received a combination sentence of 2 years and 9 months, immediate release after serving 12 months upon signing a Recognizance Release Order that is in effect for 4 years in the sum of $3,000.
- Alleged Toilet Paper Rolls Drugs Case [2023]: Acting for a Co-Accused in relation to an alleged 600kg methamphetamine drug importation.
- Alleged Telephone Scam Call Centres Case [2024]: Acting for a Co-Accused in relation to an alleged conspiracy to defraud case in the amount of 3 million dollars.
