SUPREME COURT OF VICTORIA
COURT OF APPEAL
S EAPCR 2020 0201
| PAUL NGO | Applicant |
| v | |
| THE QUEEN | Respondent |
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| JUDGES: | KAYE and NIALL JJA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | 11 February 2021 |
| DATE OF JUDGMENT: | 16 February 2021 |
| MEDIUM NEUTRAL CITATION: | [2021] VSCA 21 |
| JUDGMENT APPEALED FROM: | DPP v Ngo & Anor (Unreported, County Court of Victoria, Judge Doyle, 21 August 2020) |
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CRIMINAL LAW – Appeal – Sentence – Plea of guilty – Conspiracy to traffick in a commercial quantity of controlled drugs – Dealing with the proceeds of crime – Dealing with money suspected of being the proceeds of crime – Total effective sentence 18 years 8 months’ imprisonment with 12 years 10 months non-parole – Applicant and co-offenders ran contested committal and contested plea – Whether specific error in exercise of sentencing discretion – Whether judge failed to apply principle of totality – Whether sentence manifestly excessive – Leave to appeal refused – Zogheib v The Queen [2015] VSCA 334, Lieu v The Queen [2016] VSCA 277.
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| APPEARANCES: | Counsel | Solicitors |
| For the Applicant | Mr D A Dann QC | Papa Hughes Lawyers |
| For the Respondent | Mr K T Armstrong, with Ms M J Brown | Ms S McNaughton SC, Commonwealth Director of Public Prosecutions |
KAYE JA
NIALL JA:
The applicant pleaded guilty in the County Court at Melbourne to two charges of conspiracy to traffick in a commercial quantity of controlled drugs, one charge of dealing with the proceeds of crime, and one charge of dealing with money suspected of being the proceeds of crime.
Following a plea made on his behalf, the applicant was sentenced to a total effective term of 18 years and 8 months’ imprisonment with a non-parole period of 12 years and 10 months’ imprisonment. That sentence was constituted as follows:
Charge on Indictment Offence Minimum
PenaltySentence Cumulation 1.
Conspiracy to traffick in a commercial quantity of controlled drugs
Life imprisonment
15 years
10 months’ imprisonment
Base sentence
2.
Conspiracy to traffick in a commercial quantity of controlled drugs
Life imprisonment
15 years
6 months’ imprisonment
2 years’ imprisonment
3.
Dealing with the proceeds of crime
25 years’ imprisonment
5 years’ imprisonment
Nil
10.
Dealing with money suspected of being the proceeds of crime
3 years’ imprisonment
2 years’ imprisonment
10 months’ imprisonment
Total Effective Sentence:
18 years 8 months’ imprisonment
Non-Parole Period:
12 years 10 months’ imprisonment
Pre-sentence detention declared:
701 days’ imprisonment
6AAA Declaration:
23 years’ imprisonment with a non-parole period of 18 years’ imprisonment
The applicant seeks leave to appeal against that sentence on the following four grounds:
Ground 1:The Learned Sentencing Judge erred in finding that ‘there is an erosion of the utilitarian value of the plea and the extent to which your pleas evidenced a willingness to facilitate the course of Justice and are indicative of remorse.’
Ground 2:The Learned Sentencing Judge erred in sentencing the Applicant on charge 10 on the basis that ‘you were engaging in criminal activity involving substantial enrichment over a…
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- AGLC
- Ngo v The Queen [2021] VSCA 21
- Case
- [2021] VSCA 21
- Decision Date
CaseChat Overview and Summary
The legal issues before the court centred on whether the sentence imposed by the primary judge was manifestly excessive, whether there had been an error in the application of the principle of totality, and whether the sentence failed to properly reflect the overall culpability and conduct of Ngo and his co-offenders. The court needed to consider the relevant principles of sentencing, the nature and circumstances of the offence, and the particular characteristics of Ngo and his co-offenders.
In assessing the appeal, the court found that there was no specific error in the exercise of sentencing discretion, and the judge had correctly applied the principle of totality. The court noted that Ngo and his co-offenders had conducted a contested committal and contested plea, indicating a high level of culpability. The court found that the sentence was not manifestly excessive, taking into account the seriousness of the offending and the need for general deterrence. The appeal was dismissed, with the court emphasising the importance of the principle of totality and the need for sentences to reflect the overall culpability of the offender and their co-offenders.
No orders were made by the court in relation to the appeal. The decision reinforces the principle that the totality principle must be applied in sentencing, and that a sentence will not be considered manifestly excessive if it is within the range of sentences that could be imposed for the offending.
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Background
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Evidence Before The Court
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Decision
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