Hoang v The Queen

The appellant, Hoang, was convicted of attempting to possess a commercial quantity of a border-controlled drug and trafficking in a large commercial quantity of a drug of dependence, specifically cocaine. The case was appealed to the court, which was required to determine whether the sentence imposed was manifestly excessive. Hoang was sentenced to ten years’ imprisonment with a non-parole period of six years. Hoang argued that the sentence was manifestly excessive, particularly considering he was a youthful offender and had entered a guilty plea. The court considered these factors but also acknowledged Hoang's principal role in the criminal enterprise. The court applied the principles from R v Nguyen (2010) 205 A Crim R 106, which emphasised the need to consider the totality of the circumstances, including the nature and circumstances of the offence, the offender's role, and the deterrent effect of the sentence. After a thorough examination, the court found that the sentence was not manifestly excessive. The appeal was dismissed, and the original sentence was upheld.