Director of Public Prosecutions v Ngo
[2021] VCC 466
•22 April 2021
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL DIVISION
CR-20-00031
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| KHA NGO |
---
JUDGE: | HIS HONOUR JUDGE CAHILL | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 20 April 2021 | |
DATE OF SENTENCE: | 22 April 2021 | |
CASE MAY BE CITED AS: | DPP v Ngo | |
MEDIUM NEUTRAL CITATION: | [2021] VCC 466 | |
REASONS FOR SENTENCE
---
Catchwords:
---
APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Mr J. Manning | Commonwealth Director of Public Prosecutions |
| For the Accused | Mr J. Saunders | Valos Black & Associates |
HIS HONOUR:
1Kha Tien Ngo, you have pleaded guilty to one charge of importing a commercial quantity of a border controlled drug, namely heroin; one charge of trafficking a commercial quantity of a controlled drug, namely heroin; and one charge of trafficking a commercial quantity of a controlled drug, namely methamphetamine, on the basis you were engaged in an organised commercial activity that involved repeated importing and trafficking of drugs.
2Your offending occurred between 3 October 2018 and 9 January 2019.
Background
3Michelle Tran was the Melbourne based head of an international syndicate which imported heroin into Australia. She was notorious within the drug trade, and referred to herself as the 'Queen of Richmond'.
4Her heroin supplier was in Malaysia.
5The syndicate used cabin crew members of Malaysian Airlines to import 'tickets' of heroin concealed in their underwear. One 'ticket' of heroin weighed approximately 1050 grams, split into three packages containing 70 to 80 per cent pure heroin. When the heroin landed in Australia it was sold locally.
6Michelle Tran boasted the heroin was of the highest purity available in Australia. You knew her, and introduced heroin buyers to her.
7
You gave a prospective buyer a 1-ounce sample of heroin, which
Michelle Tran had supplied. You were then involved in arrangements with the buyer for placing orders for heroin, which was to be imported, and making arrangements to deliver heroin to him when it landed in Australia.
8You also knew a woman named Thuy Thanh Thi (Phung) Tran, who supplied methamphetamine to you for sale to the same customer. She arranged for her son, Khoi Phan, to deliver methamphetamine to you, and you arranged the exchange of the drugs for cash with the customer. You provided the customer with a 1-ounce sample, then you made a 1 kilogram sale, and then agreed to supply him a further 5 kilograms of methamphetamine.
9You were arrested on 8 January 2019, and charged with importing and trafficking a commercial quantity of heroin. You were also charged with trafficking a commercial quantity of methamphetamine.
Summary of offending
Importation of heroin
10Between 10 October 2018 and 22 December 2018, you were involved in four heroin importations, each of one 'ticket'.
11Authorities intercepted them. They weighed 4208.9 grams, and contained 3225.5 grams of pure heroin.
12Under federal law, a commercial quantity of heroin is 1.5 kilograms.
13During those three months, you imported 2.15 times a commercial quantity of heroin.
14Generally, Michelle Tran paid 155,000 dollars for each 'ticket' of heroin, and sold them for 195,000 dollars. You received a 5,000 dollars commission for each sale.
Trafficking of heroin
15Between 3 October 2018 and 24 October 2018, you trafficked a commercial quantity of heroin, which involved the sale of two 'tickets' of the heroin which had been imported, and a 1-ounce sample.
16
The total quantity of heroin you trafficked was 2124.8 grams gross, and
1610.9 grams pure weight. Commercial quantity is 1.5 kilograms.
17During those three weeks, you trafficked 1.07 times a commercial quantity of heroin.
Trafficking methylamphetamine
18Between 10 December 2018 and 8 January 2019 you trafficked a commercial quantity of methamphetamine, which involved the supply of a 1-ounce sample, and a 1 kilogram order, and then the supply of 5 kilograms which was only frustrated by your arrest.
19The total quantity of methamphetamine you trafficked was 6053.6 grams gross and 4827.8 grams pure weight. A commercial quantity of methamphetamine under federal law is 750 grams.
20During those four weeks you trafficked 6.42 times a commercial quantity of methamphetamine.
Circumstances of offending
21On 25 September 2018, you met Michelle Tran at a café to discuss a potential customer. She said she wanted to meet him
22You arranged a meeting and, on 3 October 2018, you introduced Michelle Tran to the customer. She told him she would supply him with a 1-ounce sample of heroin for 5,000 dollars. She told him she got weekly one kilogram shipments, and the next was due on 10 October. She said the price was 195,000 dollars.
23Next day, the customer placed an order for one kilogram of heroin.
24On 7 October, with Michelle Tran, you met the customer who was looking for heroin. Tran told him the heroin came directly from overseas, through her, to him. She told him a kilogram was to be referred to as a ‘ticket’. She said she had one ticket arriving on the morning of 10 October 2018 and another in the evening. He agreed to take it. She asked the buyer for the address where one of her ‘soldiers’ would deliver heroin. All
25The courier arrived in Melbourne from Malaysia on the morning of 10 October 2018 with a ticket of heroin. Michelle Tran, with her soldier and trusted aide, Thi Thuy Tam (Lina) Tran, collected the heroin and delivered it to the customer who paid cash for it.
26On 21 October, with Michelle Tran and Lina Tran, you met customer. He said he would take two tickets of heroin a month.
27On 24 October, the courier arrived in Melbourne from Malaysia with another ticket of heroin. Michelle Tran and Lina Tran collected the heroin from her and delivered it to the customer who paid cash for it.
28In November 2018, Michelle Tran discussed further importations with the customer. She told him, after expenses, she made 20,000 dollars from each ticket sold to him.
29In November 2018, Michelle Tran’s activities were disrupted when one of her international couriers was arrested in Western Australia and another was questioned at Sydney airport.
30In the aftermath, Michelle Tran proposed to the customer he deal directly with your overseas supplier provided he paid her a commission of 20,000 dollars, her usual profit, for each ticket he purchased.
31On 4 December 2018, you met with the customer and Michelle Tran who gave him the number for her overseas contact, Johnny. At the meeting she called Johnny and introduced him to the customer.
32On 5 December 2018 the customer paid you 70,000 dollars which was a cash advance on Michelle Tran’s commission for future imports.
33Michelle Tran arranged the importation of a ticket of heroin brought into Perth by a Malaysian flight attendant on 6 December. The customer had someone collect the ticket from her and paid her 155,000 dollars. Your commission was 5,000 dollars.
34In mid-December, in a series of messages and calls between the customer, the supplier, Michelle Tran and you, arrangements were made for further heroin importations.
35On 22 December 2018, a courier brought another ticket of heroin into Melbourne from Malaysia. The customer arranged to collect the heroin from the courier and paid her 155,000 dollars. Your commission was 5,000 dollars.
Trafficking methylamphetamine (6.42 CQ)
36Between 10 December 2018 and 8 January 2019, you trafficked a commercial quantity of methamphetamine. You supplied a customer 1 kilogram of methamphetamine. You had earlier supplied him with a 1-ounce sample of methamphetamine. After the 1 kilogram sale you agreed to supply the same customer 5 kilograms of methamphetamine.
37The total quantity of methamphetamine you trafficked was 6053.6 grams gross weight and 4837.8 grams pure weight. A commercial quantity is 750 grams.
38During those three weeks you trafficked 6.42 times a commercial quantity of methamphetamine.
Circumstances of trafficking methamphetamine
39On 5 December 2018, Michelle Tran and you met your customer who was wanting to buy methamphetamine. When Michelle Tran was reluctant, you said you would get a sample from someone else.
40On 10 December 2018, after confirming a price of 4,500 dollars with your customer, you provided his associate with a 1-ounce sample.
41On 12 December 2018 you spoke to your methamphetamine supplier, Phung Tran. When she said she was worried about a set up you reassured her you had done this for a long time.
42The next day, you told your customer the supplier had up to 10 kilograms in stock and the price was 120,000 dollars a kilogram plus a 2,000 dollar delivery fee. You said you were not taking a commission. The customer placed an order for 2 kilograms for 242,000 dollars to be supplied on 18 December.
43Later that day, the customer changed his order to 1 kilogram for 18 December with another to follow after Christmas.
44On 17 December 2018, you spoke to Phung Tran whose son, Khoi Phan, was to deliver the methamphetamine to you the next day.
45On the morning of 18 December 2018, you spoke with the supplier, the courier and the customer to arrange delivery. During the afternoon, the customer’s associate came to your apartment and paid you $4500 for the 1-ounce sample and 122,000 dollars for the purchase of 1 kilogram.
46When Phan arrived with the heroin, you directed him into your apartment where you exchanged the methamphetamine and cash with him. When you gave the methamphetamine to the customer’s associate, you said you had ‘another ounce’ which someone else no longer wanted. You said he can have it and pay for it later. You gave him the sample.
47Later on the same day you spoke to Phung Tran about the customer’s order for another kilogram of methamphetamine after Christmas. You told her you had to keep working because you ‘kept roasting it on the barbecue’ (gambling) and ‘owe the big house’ (casino).
48On 27 December 2018, the customer discussed ordering 5 kilograms of methamphetamine a month for a lower price with you. You then spoke to Phung Tran.
49On 4 January 2019, in a series of Viber messages, you told you customer the supplier would give a discount of 5,000 a kilogram for a 5 kilogram order. The customer said he would take 5 kilogram on 8 January 2019. He arranged for his associate to collect it from you. You asked the customer to delete the messages.
50The next day, you messaged the customer that the drug would be a different batch but the quality better than the earlier one. You offered to provide him a picture and a sample.
51On 7 January, you told the customer you had ordered the five bags, or 5 kilograms, and arranged a time for the customer’s associate to go to your apartment to collect the drugs.
52The next morning, on 8 January 2019, you exchanged messages with the customer which said his associate was on his way. You left your apartment and waited on the footpath for him. There, police arrested you.
53On 8 January 2019, while you were waiting outside your apartment to supply a customer 5 kilograms of methamphetamine, police arrested you.
Arrest and interview
54When they questioned you, you said that:
· you had been out of work for eight years because of poor health, and received Centrelink benefits;
· your sister and two children helped you financially; and
· you knew Michelle Tran who also helped you financially. You said you did not regularly speak with her.
55You denied any knowledge of her drug syndicate, of doing any business with her, or that you were dealing in drugs. You said you had never seen drugs.
56
You said a man asked you for a sample, and you introduced him to
Michelle Tran. You admitted you were at a meeting with the man and
Michelle Tran, and her friend Lina Tran, on 3 October 2018. You said you did not know what they talked about. You said the man did business with
Michelle Tran, you did not know what she sold him, and the man paid you 5,000 dollars for each transaction.
57In relation to the supply of methamphetamine on 8 January 2019, you said a person named 'Ton' brought a bag to your apartment and gave you 2,000 dollars to deliver the bag to someone else. You denied any knowledge of its methamphetamine contents.
58After your interview, you were charged and remanded in custody.
Committal
59The charges against you and others were listed for a committal hearing on 13 January 2020. Before any evidence was given, you indicated your intention to plead guilty.
Criminal record
60You have admitted one court appearance on 24 March 2005 in the Magistrates Court of South Australia in Adelaide when you were sentenced to six months imprisonment, suspended for 2 years, for two dishonesty offences. You were ordered to pay the Commonwealth Bank of Australia compensation of 18,500 dollars.
Personal circumstances
61
You were born on 10 August 1959. You were 59 years old when you offended, and are now aged 61. Your personal circumstances are set out in the psychological report of Sandra Cokorilo who assessed you on
10 February 2021.
62You were born in Vietnam. You have one brother and sister. Your father died in January 2021. Your mother has survived him. You attended local schools and at the end of Year 10, you left school and got work as a bus driver.
63When you were 21 years old, you fled to Thailand to escape the civil unrest in your country. You lived in a refugee camp in poor conditions for two years, until you immigrated with your siblings to Australia in 1983. Your parents followed in 1990.
64When you arrived in Australia, you lived in Sydney. You learned English and got factory work for three years. For the next 20 years, you worked as a delivery driver for your brother.
65Around 2006, you moved to Melbourne where you got factory work for four years. In 2010, you were diagnosed with pancreatic cancer. Your pancreas and gall bladder were removed. You have been unable to work since.
66You are also a diabetic, and insulin dependent.
67You had a 20 year relationship with the mother of your son and daughter, until your separation in 2000. Your children are aged in their 30s and live in Sydney. You have kept a close relationship with them, and a friendly relationship with their mother.
68You have been with your current partner for 12 years.
69You told Ms Cokorilo you have never consumed alcohol, tobacco or illicit drugs. You said you started gambling in 2000 after you separated from your family. You said, in 2018, you were given a poor cancer prognosis, and your gambling then escalated significantly.
70You said, because you owed money to loan sharks at Crown Casino, you agreed to introduce a person who wanted to buy heroin and methamphetamine to suppliers who did not speak English. You said you acted as an interpreter between the sellers and the purchaser, who supplied you with tobacco. You said you did not profit from the drug sales.
71You told Ms Cokorilo, in the context of your poor health, you have had feelings of hopelessness and suicidal thoughts in prison. To her testing, you indicated severe symptoms of depression and anxiety, as well as features of a gambling disorder. In her opinion, prison is likely to weigh more heavily on you than a person without those conditions.
72She suggests you would benefit from psychological intervention.
Defence submissions
73Mr Saunders, who appeared on your behalf, relied on the following documents in support of his submissions:
(a) outline of written plea submissions;
(b) psychological report, dated 28 February 2021, of Sandra Cokorilo; and
(c) your prison medical records.
Role
74Mr Saunders characterised you as a ‘freelancer’ who knew people who could supply large quantities of heroin and methamphetamine and people who wanted to buy them. He described you as a ‘conduit’ or ‘broker’ between the two parties.
75He submitted that:
· You had a very limited role in the importation offence – you were involved, not in bringing heroin into Australia, but in the dealings connected with its importation, that is, discussing arrangements to obtain heroin to meet your customer’s orders.
· Your role in the trafficking of heroin was limited to introducing the customer to the supplier. You were not involved in the exchanges of drugs and cash, Lina Tran did that for Michelle Tran; once, you collected 70,000 dollars for Michelle Tran from the customer for future heroin imports.
· Your role in the trafficking of methamphetamine was ‘more hands on’. You used your apartment to accept delivery of the drugs for the buyer and collect payment for the supplier
He submitted:
· there should be substantial concurrency between count 3 (import heroin) and count 4 (traffic heroin) because of the considerable overlap in conduct; and
· there must be some cumulation of the sentence on count 5 (traffic methamphetamine) because it involved separate offending.
76In mitigation of penalty, he relied on:
· your early guilty plea for its:
§high utilitarian value; and
§demonstration of your willingness to facilitate course of justice, acceptance of responsibility and remorse.
· your very limited criminal record;
· your age and poor physical and mental health; and
· the delay of three years between your offending and sentence – state of uncertainty.
77And, he submitted, considering:
· your good work history prior to your cancer diagnosis;
· the backing of your family; your daughter and son, mother and sister, who all live in Sydney, supported at court;
· your limited criminal history, following a background of disadvantage where, as one of nine children, you fled Vietnam as a refugee and, in Australia, have led a relatively blameworthy life; and
· you will be a ‘man of advanced years’ when released;
your prospects of rehabilitation are ‘better than fair, close to good’.
78He submitted that you are remorseful. He accepted that your lack of candour, to both police and Ms Cokorilo concerning your involvement in illicit drug business, qualifies the degree of your remorse. However, he submitted that I should accept your admission of the elements of serious offences and your acceptance of the prosecution account of the circumstances of your offending, demonstrates some remorse on your part.
79Mr Saunders told me your motivation for offending was, at least in part, gambling. He did not rely on Ms Cokorilo’s assertion that gambling contributed to a commission of your crimes. He submitted that, as you were gambling some of your illicit drug profits, your gambling provides some explanation for your offending. He accepted that it is not mitigatory.
80He disavowed reliance on Verdins principles 1 to 4.
81He submitted that:
· your psychological issues are nonetheless relevant to determining moral culpability; and
· while you are not currently prescribed any antidepressant medication, because your depression fluctuates and you have ongoing anxiety related to your poor life prognosis, there is a serious risk that imprisonment could have an adverse effect on your mental health (Verdins principle 6).
82He also submitted that your psychological disorders, in combination with your poor physical health, will make prison harder for you than a person in normal health (Verdins principle 5).
83He also submitted that, with regard to parity between co-offenders, your role was similar to Lina Tran who delivered heroin and collected cash for Michelle Tran.
84He accepted general deterrence is the primary sentencing consideration in cases very serious drug crimes.
85He submitted, in your case, specific deterrence requires less weight because of:
· your limited criminal history;
· age; and
· poor health.
Prosecution submissions
86Mr Manning, who appeared for the prosecution, in written and oral submissions, described you as a person of significant standing in the Melbourne-based arm of the heroin syndicate. It gave you access to large quantities of heroin. You also had access to persons who could supply large quantities of methamphetamine. He submitted that you were, in effect, a ‘broker’, who connected the supplier with the customer in large-scale drug transactions.
87He submitted you were more than an observer at the meetings between Michelle Tran and the customer. In his words, you added value to many of the discussions, informing your customer, without prompting, of the purity and source of the drugs to be imported.
88He submitted that your moral culpability was high; less than the culpability of Michelle Tran, who was a principal in the heroin importation and trafficking enterprise and more than the culpability of Lina Tran, who assisted Michelle Tran in her heroin trafficking business.
89He submitted, compared with Lina Tran, the objective gravity of your offending is increased by your additional involvement in trafficking methamphetamine. In that regard, he submitted that, where you handled methamphetamine and money, your involvement was ‘more hands on’ than in the heroin business.
90He submitted that you were aware of the risks of your illegal activity and, to try to avoid detection, you:
· used a phone subscribed in a false name;
· spoke in coded language; and
· used an encrypted messenger service, Wickr, to communicate with you customer.
91He submitted that, while you were a gambler, you were not in financially hard times. You were living in a comfortable Southbank apartment, regularly travelled interstate, lent money, 2,000 dollars, to Michelle Tran and agreed to lend money to Phung Tran when she was short.
92He accepted that your guilty plea was entered at an early stage and is of great utilitarian benefit.
93He accepted that, because of your poor physical and mental health, prison will be harder for you than a prisoner in normal health.
94He also accepted that there is a risk that your anxiety and depression, which accompany your poor life prognosis, will be made worse in prison.
95He submitted, because yours was sustained and repetitive offending which was committed with a clear awareness of the risks of detection, I should be cautious about your prospects of rehabilitation.
96He accepted, because of the substantial overlap in offending, there should be a large degree of concurrency between the sentences I impose for the heroin importation and trafficking offences.
97He submitted there should be a degree of cumulation of the sentence I impose for the methamphetamine trafficking on the other sentences to reflect that the trafficking was additional offending which involved additional sales of another drug from another supplier.
98Mr Manning provided me with a table of comparable cases for guidance.
Analysis
99The maximum penalty of life imprisonment for each of the three charges clearly demonstrates the seriousness of your offending.
100The sentencing principles for large-scale drug importation and trafficking are well-established:
· an offender’s role and involvement in the enterprise, the sophistication of the enterprise and the amount of drugs involved are relevant to the assessment of the seriousness of offending;
· because of the difficulty in detecting the offending and the great harm stemming from the distribution of illicit drugs in the community, significant weight must be attached to the principle of general deterrence;
· for involvement at any level an offender should expect a significant sentence of imprisonment;
· as a matter of common sense, it should be inferred, unless there is evidence to the contrary, the person who is importing and trafficking drugs is doing so for profit; and
· prior good character and personal circumstances are generally to be given less weight as a mitigating factor.[1]
[1] See R v Hai Van Nguyen; R v Phuong Thu Thi Pham [2010] NSWCCA 238, at [72] followed in Nguyen v R; Phommalysack v R (2011) 31 VR 673 at [34] and Suky Lieu v The Queen [2016] VSCA 277, at [41]-[43].
Role and involvement, quantity of drugs and value
101You played an important role in the importation and trafficking of large quantities of heroin and methamphetamine:
· You were a person of significant standing in the Melbourne-based arm of the syndicate which imported large quantities of heroin into Australia.
· As a freelancer, you acted as a broker between the seller, Michelle Tran, and the buyer, in a heroin importation and trafficking business. You were integrally involved in obtaining orders for four 'tickets' of heroin which was to be imported. Others obtained the heroin, delivered it and collected the cash. You acted as an intermediary for the sale of two 'tickets' of heroin, having provided the buyer with an introductory sample. On an occasion, you collected 70,000 dollars, which was an advance payment to Michelle Tran for heroin to be imported from the customer in the future.
· You also acted as a broker between a supplier and the same buyer in a methamphetamine trafficking business. There, you were directly involved in the delivery of methamphetamine and the collection of cash payment.
102The value of the drugs involved was substantial.
103The wholesale value of the imported heroin was around 600,000 to 800,000 dollars. Its street value was somewhere between 1.8 million and 3.2 million dollars.
104The wholesale value of the methamphetamine you trafficked was more than 700,000 dollars.
105You were very aware of the risk of detection, but not deterred by it. You were cautious, using a phone subscribed in a false name, and an encrypted messenger service for your communications with your customers.
106There was a significant degree of sophistication and co-ordination to your offending.
107You said you offended in part to get money for gambling. That fact does not moderate your culpability to any great degree. Your primary motivation was to profit from the significant commissions you made.
108Your moral culpability is high.
Mitigating factors
109You are entitled to a significant sentencing benefit for your guilty plea, and its early timing.
110In Lieu v R [2016] VSCA 277, the Victorian Court of Appeal said:
Drug importation and drug trafficking charges are notoriously difficult and expensive to prosecute. Contested trials on those charges can occupy the time of the courts, and of the law enforcement officers, for a considerable period, and can be a substantial burden on the community. It is for those reasons that it is important that sentences imposed in cases such as this, after a plea of guilty, are such as to reflect the value of those pleas as mitigating circumstances.
111I accept your guilty plea, and acceptance of the prosecution case against you, are evidence of some remorse.
112While your personal factors carry less weight for offending of this type, I have nonetheless further moderated your sentences to take into account your limited criminal record, your poor physical and mental health, that prison will be harder for you than a person in normal health, and that there is an appreciable risk your anxiety and depression, which are related to your poor physical health, will be made worse in prison.
113Because of the persistence of your offending, and your readiness to continue it, despite the substantial risks, I find it difficult to assess your prospects of rehabilitation. However, your remorse and family support are positive signs for your reformation, and I have had regard to your prospects of rehabilitation in sentencing you.
Course of conduct
114The three charges incorporate eight episodes of discrete offending over a three month period. The criminality of each charge is greater than a charge of a single episode of importation of trafficking. I must sentence you within the maximum penalty for each charge, but the overall sentence must reflect the whole of your conduct.
Totality, concurrency and cumulation
115To reflect the substantial overlap between the conduct, which constitutes your involvement in Charge 3, heroin importation, and Charge 4, heroin trafficking, I will order a significant degree of concurrency between the individual sentences for those charges.
116Because your methamphetamine trafficking involved additional serious criminality, there must be some degree of cumulation of the sentence I impose on Charge 5, trafficking methamphetamine, and the other two sentences.
117I have moderated the individual sentences, and the degree of cumulation of those sentences, to ensure your total effective sentence is a just and appropriate measure of your total criminality.
Parity
118I also must have regard to the parity principle.
119I have already sentenced a principal in the syndicate, Michelle Tran, and her trusted soldier, Lina Tran.
120I have also sentenced Phung Tran, who supplied you the methamphetamine you trafficked, and her son, Khoi Phan, who worked for her.
121Michelle Tran pleaded guilty to one charge of import heroin (eight tickets) and one charge of traffic heroin (two tickets and a 1-ounce sample).
122She was the Melbourne-based head of the international syndicate which imported heroin into Australia. I sentenced her to 18 years’ imprisonment with a minimum non-parole period of 13 years.
123Lina Tran pleaded guilty to one charge of trafficking of heroin (three tickets and a 1-ounce sample).
124She delivered heroin and collected payment under Michelle Tran’s supervision. I sentenced her to 10 years’ and six months’ imprisonment with a minimum non-parole period of seven years.
125Phung Tran pleaded guilty to one charge of trafficking methamphetamine.
126She supplied the methamphetamine which you trafficked. I sentenced her to 10 years’ and six months’ imprisonment with a minimum non-parole period of seven years
127Khoi Phan pleaded guilty to:
· one charge of trafficking methamphetamine – 1 kilogram (mixture);
· one charge of trafficking methamphetamine – 5 kilograms heroin and cocaine; 4.79 kilograms pure methamphetamine; 401.1 grams pure cocaine; 218.6 g pure heroin; and
· one charge of dealing with property believed to be the proceeds of crime – $101,150.
128He was the delivery man for his mother and held a number of drugs and cash for others.
129I sentenced him to 12 years’ imprisonment with a minimum non-parole period of six years. His personal circumstances were exceptional.
130I regard your culpability as lower than Michelle Tran's, but higher than the others. Lina Tran was involved only in the trafficking of heroin. Phung Tran and Khoi Phan, only in the trafficking of methamphetamine.
Comparable cases
131I have read the comparable cases to which the prosecutor, Mr Manning, referred.
132I have also had regard to DPP v De La Rosa [2010] 79 NSWLR 1, which was followed in Victoria in Nguyen v R; Phommalysack v R (2011) 31 VR 673.
133I have used these decisions as a guide to the identification and application of the relevant sentencing principles, and making appropriate adjustment for the differences of the circumstances of the offending and the offender, I have used them as a yardstick against which to measure your sentence.[2]
[2] See R v Pham (2015) 256 CLR 550 per French CJ, Keane and Nettle JJ at [26].
Federal offending
134As a federal offender, you fall to be sentenced under Part 1B of the Crimes Act 1914 (Cth).
135Accordingly, I must impose a sentence that is of appropriate severity in all of the circumstances. I must not pass a sentence of imprisonment unless satisfied that no other sentence is appropriate.
136No other sentence is appropriate in your case. In determining your sentence, I have taken into account the matters listed in sub-s.2 of s.16A in so far as they are relevant and known to the court.
137By the sentence I impose, I must denounce your conduct, punish you and deter you and others from committing crimes of the same or similar kind. I must also look to your rehabilitation.
138For the offence of importing a commercial quantity of a border-controlled drug, namely heroin, you are convicted and sentenced to 10 years imprisonment, which is to commence today.
139For the offence of trafficking in a commercial quantity of a controlled drug, namely heroin, you are convicted and sentenced to 8 years imprisonment, which is to commence on 22 January 2024.
140And for the offence of trafficking in a commercial quantity of a controlled drug, namely methamphetamine, you are sentenced to 10 years imprisonment, which is to commence on 22 January 2025.
141Your total effective sentence is 13 years and 9 months imprisonment. I fix a minimum period of 9 years and 9 months before you are eligible for parole.
142I declare that you have already served 835 days of your sentence by way of pre-sentence detention.
143I declare, but for your plea of guilty, I would have sentenced you to 16 years and 9 months imprisonment and fixed a minimum non-parole period of 12 years and 9 months
- - -
0
4
0