R v Hoang

Trong Hoang was charged with trafficking in a traffickable quantity of cannabis and brought the matter before the ACT Supreme Court. Hoang made an early guilty plea and the matter proceeded to sentencing. Hoang did not have a prior criminal history and the court took into account that this was his first offence. The court was required to determine an appropriate sentence that balanced the need for general deterrence, Hoang’s culpability and his remorse, and his prospects for rehabilitation. Hoang’s counsel argued for a sentence of imprisonment to be suspended after a period of time. The prosecutor did not object to a suspended sentence but argued for a longer period of imprisonment and supervision.

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.