SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2017 0095
| QUYEN VAN HOANG | Appellant |
| v | |
| THE QUEEN | Respondent |
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| JUDGES: | PRIEST and McLEISH JJA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | 9 April 2018 |
| DATE OF JUDGMENT: | 9 April 2018 |
| MEDIUM NEUTRAL CITATION: | [2018] VSCA 86 |
| JUDGMENT APPEALED FROM: | DPP (Cth) v Hoang [2017] VCC 399 (Judge Brookes) |
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CRIMINAL LAW — Appeal — Sentence — Attempting to possess a commercial quantity of border-controlled drug and trafficking in a large commercial quantity of drug of dependence (cocaine) — Sentenced to ten years’ imprisonment with six year non-parole period — Whether manifestly excessive — Youthful offender — Guilty plea — Appellant had principal role in criminal enterprise — Appeal dismissed — R v Nguyen (2010) 205 A Crim R 106 applied.
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| APPEARANCES: | Counsel | Solicitors |
| For the Appellant | Dr G Boas and Mr D J Carolan | Access Law |
| For the Respondent | Ms K Breckweg | Commonwealth Director of Public Prosecutions |
PRIEST JA
McLEISH JA:
Introduction
Pursuant to leave granted on 12 October 2017,[1] the appellant, aged 23 years,[2] appeals against a total effective sentence of ten years’ imprisonment, with a non-parole period of six years, imposed upon him in the County Court for Commonwealth and State drug offences, upon the sole ground that the sentence is manifestly excessive.[3]
[1]Hoang v The Queen (Unreported, Victorian Supreme Court of Appeal, Priest JA, 12 October 2017).
[2]The appellant’s date of birth is 17 March 1995. He was aged 20 when he committed the relevant offences, and was 22 when sentenced.
[3]Initially, the appellant relied on nine grounds. Three grounds — grounds 1, 2 and 3 — were abandoned at the leave hearing, and leave to appeal was refused on a further five grounds — grounds 4 to 8 inclusive — no election having been made to pursue those grounds. The original grounds were as follows:
1. The learned judge erroneously treated the applicant as one who had a leading role within the organization in Melbourne of importing and trafficking in cocaine on a very significant scale.
2. The learned judge erred in directing that the sentence on Charge 1 should commence one year from the sentencing date.
3. There is manifest error in the sentences of 9 years and 8 years for attempting to possess a large commercial quantity of border-controlled drug, namely cocaine and trafficking in a large commercial quantity of a drug of dependence, namely cocaine respectively. Alternatively, the learned judge failed to provide adequate reasons for imposing these individual sentences.
4. The applicant suffered double jeopardy in respect of the sentences imposed on him by the Court.
5. The learned judge erred in giving no weight to the fact that the applicant posed no risk whatsoever to the community by reason, inter alia, that he would be deported from Australia upon completion of his prison sentence.
6. The substantial disparity in sentence between the applicant (ten years with a minimum non-parole period of six years) and his co-offender [DAU] (four years…
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- AGLC
- Hoang v The Queen [2018] VSCA 86
- Case
- [2018] VSCA 86
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