R v Hoang

Case [2015] ACTSC 138


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Hoang

Citation:

[2015] ACTSC 138

Hearing Date(s):

24 April 2015

DecisionDate:

29 May 2015

Before:

Refshauge J

Decision:

1.      Nhan Van Hoang be convicted of trafficking in a controlled drug other than cannabis, namely heroin.

2.      Nhan Van Hoang be sentenced to imprisonment for two years and one month from 17 May 2015 to take into account the 12 days of pre-sentence custody

3.      A non-parole period of eight months be set, to commence on 17 May 2015 and to end on 16 January 2016.

4.      It be recommend that the Sentence Administration Board, if they grant Nhan Van Hoang parole, give consideration to requiring him to undertake gambling counselling through an agency such as Relationships Australia, though that will require the use of an interpreter.

Category:

Sentence

Catchwords:

CRIMINAL LAW – Judgement and Punishment – Trafficking in a controlled drug other than cannabis – Sentencing – Gambling addiction – Language barriers – General deterrence

Legislation Cited:

Crimes (Sentencing) Act 2005 (ACT), ss 7, 33(1)

Criminal Code 2002 (ACT), s 603(7)
Evidence Act 2011 (ACT), s 138

Cases Cited:

Bui v The Queen [2015] ACTCA 5

Lawrence v The Queen [2007] ACTCA 10
Muldrock v The Queen (2011) 244 CLR 120
R v Bennett aka Fleming (Unreported, Supreme Court of the Australian Capital Territory, Gray J, SCC No. 406 of 2009, 13 April 2011)
R v De Simoni (1981) 147 CLR 383
R v Foley [2001] ACTSC 109
R v Grossi (2008) 23 VR 500
R v Hagen [2014] ACTSC 129
R v Hoang (Unreported, Australian Capital Territory Supreme Court, Miles CJ, SCC No. 17 of 2000, 9 May 2000)
R v Hoang [2015] ACTSC 17
R v Klobucar (Unreported, Supreme Court of the Australian Capital Territory, Penfold J, SCC No. 186 of 2010, 19 September 2013)
R v Nguyen (Unreported, Supreme Court of the Australian Capital Territory, Penfold J, SCC No. 220A of 2009, 5 April 2012)
R v Olbrich (1999) 199 CLR 270
R v Silkeci (Unreported, Supreme Court of the Australian Capital Territory, Nield AJ, SCC No. 19 of 2008, 16 February 2011)
R v Stott (Unreported, Supreme Court of the Australian Capital Territory, Refshauge J, SCC No. 214B of 2009, 24 October 2011)
R v Trong Ruyen Bui [2014] ACTSC 182
R v Van Gieng Bui (Unreported, Supreme Court of the Australian Capital Territory, Burns J, SCC No. 265 of 2011, 5 December 2011)
R v Verdins (2007) 16 VR 269
R v West [2015] ACTSC 132

Texts Cited:

American Psychiatric Association, Diagnostic and Statistical Manual of Mental Disorders (American Psychiatric Publishing, Washington DC, 2013) 5th ed

Parties:

The Queen (Crown)

Nhan Van Hoang (Accused)

Representation:

Counsel

Mr M Reardon (Crown)

Mr K Archer (Accused)

Solicitors

ACT Director of Public Prosecutions (Crown)

Kamy Saeedi Lawyer (Accused)

File Number(s):

SCC 22 of 2014

REFSHAUGE J:

  1. As a result of undercover operations conducted by the Australian Federal Police in the Queanbeyan and ACT areas and…

Continue reading R v Hoang

Sign in free to access the full text

Details
AGLC
R v Hoang [2015] ACTSC 138
Case
[2015] ACTSC 138
Decision Date

CaseChat Overview and Summary

The respondent, Nhan Van Hoang, was convicted of trafficking in a controlled drug other than cannabis, specifically heroin. The matter was heard and determined by the Magistrates' Court of Victoria. The principal issue before the court was the appropriate sentence for the respondent, taking into account various mitigating factors, including the respondent's gambling addiction and language barriers.

The court found that Hoang's involvement in drug trafficking was driven by his addiction to gambling, which led him to seek funds to cover his debts. The court acknowledged the respondent's limited English proficiency, which further complicated his ability to navigate the legal system and access support services. The court also considered the need for general deterrence in sentencing decisions. Ultimately, the court determined that a custodial sentence was necessary to address the seriousness of the offence and to deter others from engaging in similar criminal conduct.

The court sentenced Hoang to imprisonment for two years and one month, with a non-parole period of eight months. The sentence was to commence on 17 May 2015, taking into account the 12 days of pre-sentence custody. The court recommended that if parole is granted, the Sentence Administration Board should consider requiring Hoang to undertake gambling counselling through an agency such as Relationships Australia, with the use of an interpreter if necessary. This recommendation aimed to address the underlying issues that contributed to Hoang's criminal behaviour and to facilitate his rehabilitation.

Orders

Orders of the court

1. Nhan Van Hoang be convicted of trafficking in a controlled drug other than cannabis, namely heroin.

2. Nhan Van Hoang be sentenced to imprisonment for two years and one month from 17 May 2015 to take into account the 12 days of pre-sentence custody

3. A non-parole period of eight months be set, to commence on 17 May 2015 and to end on 16 January 2016.

4. It be recommend that the Sentence Administration Board, if they grant Nhan Van Hoang parole, give consideration to requiring him to undertake gambling counselling through an agency such as Relationships Australia, though that will require the use of an interpreter.

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

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.