R v Dang

Case [2005] NSWCCA 430


NEW SOUTH WALES COURT OF CRIMINAL APPEAL

CITATION:      Regina v Dang [2005]  NSWCCA 430

FILE NUMBER(S):
2005/1346

HEARING DATE(S):               28/11/2005

JUDGMENT DATE: 14/12/2005

PARTIES:
Regina v Ngoc Hiep Dang

JUDGMENT OF:       Studdert J Whealy J Howie J   

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S):          05/11/02113

LOWER COURT JUDICIAL OFFICER:     Sorby DCJ

COUNSEL:
W. Dawe SC - Crown
T. Game SC - Respondent

SOLICITORS:
S. Kavanagh - Crown
Kings Lawyers - Respondent

CATCHWORDS:
Criminal Law - Crown appeal against sentence - supply commercial quantity of cocaine - relevance of standard non-parole period after plea of guilty - whether offence is mid range of seriousness - sentence manifestly inadequate - respondent resentenced.

LEGISLATION CITED:
Criminal Appeal Act 1912 - s 5D
Drug Misuse and Trafficking Act 1985 - s 25(2)
Criminal Procedure Act 1986
Crimes (Sentencing Procedure) Act 1999 - ss 10, 21A(2)(j), 54B, Div 1A Pt 1

DECISION:
Appeal is allowed, the sentence imposed in the District Court quashed and the Respondent is sentenced to a non-parole period of imprisonment for 5 years to date drom 9 September 2004 and to expire on 8 September 2009.  There is to be a balance of the term of 4 years to expire on 8 September 2013.

JUDGMENT:

IN THE COURT OF
CRIMINAL APPEAL

2005/1346

STUDDERT J
WHEALY J
HOWIE J

WEDNESDAY 14 DECEMBER 2005

R v Ngoc Hiep DANG

  1. STUDDERT J:    I agree with Howie J.

  2. WHEALY J:   I agree with the reasons of Howie J and the orders that he proposes.

  3. HOWIE J: The respondent to this Crown appeal under s 5D of the Criminal Appeal Act pleaded guilty before a magistrate to an offence of supplying not less than the commercial quantity of a prohibited drug, being cocaine. This is an offence contrary to s 25(2) of the Drug Misuse and Trafficking Act. It carries relevantly a maximum penalty of imprisonment for 20 years. The respondent was committed to the District Court for sentence.

  4. On 26 May 2005, because of some deficiency in the committal document, the respondent was arraigned on that charge before Judge Sorby (the Judge) and pleaded guilty. He also asked the Judge to take into account an offence of possessing a prohibited drug on a Form 1 under the provisions of the Criminal Procedure Act. On 20 June 2005 the Judge sentenced the applicant to a term of imprisonment consisting of a non-parole period of 4 years and a balance of the term of 2 years 6 months. The non-parole period is to expire on 8 September 2008. The Crown appealed against this sentence by notice dated 19 July 2005.

  5. The facts can be adequately stated from the statement of facts tendered by the Crown and adopted by the Judge in his sentencing remarks:

    On 6, 7 and 9 September 2004, Ngoc Hiep Dang spoke, by telephone, with a supplier and a buyer in relation to the supply of a prohibited drug.  These calls were intercepted by police pursuant to telephone intercept…

Continue reading R v Dang

Sign in free to access the full text

Details
AGLC
R v Dang [2005] NSWCCA 430
Case
[2005] NSWCCA 430
Decision Date

CaseChat Overview and Summary

The case of R v Dang involved an appeal by the Crown against the sentence imposed on the respondent, Dang, who had pleaded guilty to supplying a commercial quantity of cocaine. The appeal was heard in the court of appeal, where the Crown argued that the sentence was manifestly inadequate. The primary focus of the appeal was on the relevance of the standard non-parole period and whether the offence warranted a mid-range sentence given its seriousness.

The legal issues before the court included determining the appropriate non-parole period for an offence involving the supply of a commercial quantity of drugs and assessing whether the original sentence was manifestly inadequate. The court had to consider the gravity of the offence, the offender's culpability, and the need for deterrence and denunciation. Additionally, the court examined the sentencing principles outlined in the relevant legislation and case law to ensure that the sentence reflected the seriousness of the offence and served the purposes of punishment and rehabilitation.

In delivering the judgment, the court found that the original sentence did not adequately reflect the seriousness of the offence or serve the purposes of punishment and deterrence. The court held that the standard non-parole period was relevant in determining the appropriate sentence for an offence of this nature. It was concluded that the offence warranted a mid-range sentence, and therefore, the original sentence was manifestly inadequate. The court resentenced the respondent to a term of imprisonment with a specified non-parole period, ensuring that the sentence aligned with the principles of sentencing in cases involving the supply of commercial quantities of dangerous drugs.

The final orders of the court included the resentencing of the respondent to a term of imprisonment with a new non-parole period, reflecting the seriousness of the offence and the need for an adequate sentence. The court's decision underscored the importance of considering the standard non-parole period and the mid-range sentencing principles in cases involving the supply of commercial quantities of drugs.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

STUDDERT J

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Established by: STUDDERT J

Full text does not contain this section.