SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Hoang |
Citation: | [2016] ACTSC 272 |
Hearing Date(s): | 27 July 2016 |
DecisionDate: | 29 July 2016 |
Before: | Refshauge J |
Decision: | 1. Trong Hoang be convicted of trafficking in a traffickable quantity of cannabis. 2. Trong Hoang be sentenced to two years and six months imprisonment to commence 8 March 2016. 3. The sentence be suspended on 7 September 2016 for two years. 4. Trong Hoang be directed to sign an undertaking to comply with the offender’s good behaviour obligations under the Crimes (Sentence Administration) Act 2005 (ACT) for a two year period from 7 September 2016 with a probation condition that he be under the supervision of the director-general or her delegate for twelve months or such lesser period as the person supervising him considers appropriate and that he obey all reasonable directions of the person supervising him. |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – sentencing – trafficking in a traffickable quantity of cannabis – consideration – no prior criminal history – guilty plea – non-citizen |
Legislation Cited: | Crimes (Sentence Administration) Act 2005 (ACT) Crimes (Sentencing) Act 2005 (ACT), ss 7, 33 Criminal Code 2002 (ACT), s 603(5) |
Cases Cited: | Ashdown v The Queen (2011) 219 A Crim R 454 Bui v The Queen [2015] ACTCA 5 |
Parties: | The Queen (Crown) Trong Hoan Hoang (Defendant) |
Representation: | Counsel Ms S McMurray (Crown) Mr L Nguyen (Defendant) |
| Solicitors ACT Director of Public Prosecutions (Crown) LN Legal (Defendant) | |
File Number: | SCC 123 of 2016 |
REFSHAUGE J:
The distribution of drugs throughout a community is a very serious matter. It is unsurprising, therefore, that the legislature provides severe penalties for offences of drug distribution.
The nature of the drugs that are distributed, however, is relevant and, in particular, the use of cannabis is regarded, by virtue of the maximum penalties provided, less serious than the distribution of drugs such as heroin, cocaine, and methylamphetamine.
Now appearing before me for sentence is Trong Hoan Hoang who has pleaded guilty to an offence of trafficking in a traffickable quantity of cannabis.
To traffic in a traffickable quantity of cannabis is to commit an offence against s 603(5) of the Criminal Code 2002 (ACT), which attracts a maximum penalty of 1000 penalty units (that is, at the time, a fine of $150 000) and imprisonment for 10 years.
Mr Hoang was arrested on 8 March 2016 and appeared in the ACT Magistrates Court the next day. He pleaded not guilty but did not apply for bail and was remanded in custody. He has remained in custody since then.
On 8 June 2016, however, Mr Hoang pleaded guilty and was on that day committed to this Court for sentence.
The facts
The Statement of Facts prepared by the Crown was tendered…
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- AGLC
- R v Hoang [2016] ACTSC 272
- Case
- [2016] ACTSC 272
- Decision Date
CaseChat Overview and Summary
The court determined that Hoang’s culpability was low as he did not seek to profit from the offence. Hoang was remorseful and had a clean criminal history. The court found that Hoang had been involved in the offence due to his association with a partner who was the mastermind of the offence. The court concluded that the need for general deterrence outweighed Hoang’s prospects for rehabilitation and his lack of culpability. The court ordered that Hoang be sentenced to two years and six months imprisonment to commence 8 March 2016. The sentence was suspended on 7 September 2016 for two years. Hoang was directed to sign an undertaking to comply with the offender’s good behaviour obligations under the Crimes (Sentence Administration) Act 2005 (ACT) for a two year period from 7 September 2016. Hoang was also required to be under the supervision of the director-general or her delegate for twelve months or such lesser period as the person supervising him considered appropriate and that he obey all reasonable directions of the person supervising him.
Orders
Orders of the court
1. Trong Hoang be convicted of trafficking in a traffickable quantity of cannabis.
2. Trong Hoang be sentenced to two years and six months imprisonment to commence 8 March 2016.
3. The sentence be suspended on 7 September 2016 for two years.
4. Trong Hoang be directed to sign an undertaking to comply with the offender’s good behaviour obligations under the Crimes (Sentence Administration) Act 2005 (ACT) for a two year period from 7 September 2016 with a probation condition that he be under the supervision of the director-general or her delegate for twelve months or such lesser period as the person supervising him considers appropriate and that he obey all reasonable directions of the person supervising him.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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