R v Nguyen - [2023] NSWDC 288

District Court

New South Wales

Amendment notes

Medium Neutral Citation: R v Nguyen [2023] NSWDC 288
Hearing dates: 23/6/23, 3/7/23
Date of orders: 3/7/23
Decision date: 03 July 2023
Jurisdiction: Criminal
Before: Bourke SC DCJ
Decision:
Pursuant to s.53A(2)(b) of the Crimes (Sentencing Procedure) Act, 1999, I list the individual offences dealt with in the above aggregate sentence with respective indicative sentences:
Sequence 1            10 years, non-parole period 6 years 6 months
Sequence 3            9 years, non -parole period 5 years 10 months
Sequence 18            7 years, non-parole period 4 years 6 months
Sequence 19            4 years 6 months
The offender is convicted and I impose an AGGREGATE SENTENCE pursuant to s.53A of the Crimes (Sentencing Procedure) Act, 1999 as follows:
Sentenced to imprisonment for 11 years and 6 months, to date from 15 October 2022 and to expire on 14 April 2034
I set a non parole period of 7 years and 6 months, to date from the commencement of the sentence
and to expire on 14 April 2030
Eligible to be considered for release to parole at the expiration of the non-parole period.
I find special circumstances
Form 1 matters taken into account on Sequence 1.

Catchwords:
Crime – Sentence – Supply large commercial quantity of heroin

Legislation Cited:
Crimes (Sentencing Procedure) Act 1999

Cases Cited:
Attorney-General’s application under s 37 CSPA 1999 (No. 1 of 2002) 56 NSWLR 146
R v Edwards (1996) 90 A Crim R 510

Category: Sentence
Parties: NSW DPP – Crown
Joey Nguyen - Offender
Representation: Mr M Gleeson for Crown
Mr I Lloyd KC for Offender

File Number(s): 22/24184

Judgment

The offender, Mr Joey Nguyen, is for sentence in relation to four offences, those being as follows:
Sequence 1 offence, which is one of supply large commercial quantity of heroin, for which the maximum penalty is life imprisonment, and a standard non-parole period of 15 years is specified. Also, in relation to that offence he asks that I take into account on a Form 1 document, three other offences to which he admits, those being the Sequence 2 offence of dealing with suspected proceeds of crime $4,710, the Sequence 20 offence of a similar kind which relates to an amount in excess of $100,000, and a third offence of manufacturing a quantity of methamphetamine.
The second substantive offence for which Mr Nguyen is to be sentenced is the sequence 3 offence of supply large commercial quantity of heroin for which the maximum penalty is life imprisonment and a standard non-parole period of 15 years is specified.
The third substantive offence is the Sequence 18 offence of supply commercial quantity of pseudoephedrine for which the maximum penalty is 20 years imprisonment and a ten year standard non-parole period is specified.
And finally the fourth substantive offence is sequence 19 - of manufacturing a prohibited drug, namely methylamphetamine, being greater than the indictable quantity. The maximum penalty for that being 15 years imprisonment and there is no standard non-parole period specified.
The maximum penalties,…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Nguyen

Details

AGLC: R v Nguyen [2023] NSWDC 288
Case: [2023] NSWDC 288
Decision Date: 03 July 2023

CaseChat Overview and Summary

The case of R v Nguyen involved the defendant, Nguyen, who was charged with the supply of a large commercial quantity of heroin. The case was heard in the higher court, where the primary focus was on determining an appropriate sentence for Nguyen's criminal activities. Nguyen was found guilty on multiple counts related to the supply of heroin, leading to a complex sentencing process that considered the severity and quantity of the drugs involved.

The legal issues before the court included determining the appropriate aggregate sentence under the Crimes (Sentencing Procedure) Act, 1999, as well as establishing the non-parole period. The court needed to evaluate the individual offences and their respective indicative sentences, ensuring that the aggregate sentence reflected the seriousness of the crimes committed. Additionally, the court had to consider any special circumstances and the specific matters outlined in Form 1, which included the impact and scale of the drug supply operation.

The court meticulously analysed each of Nguyen's offences, taking into account the aggregate nature of the sentences and the overall impact on the community. The court assigned specific indicative sentences to each sequence of offences, summing these to form the aggregate sentence. It was determined that an aggregate sentence of 11 years and 6 months was appropriate, with a non-parole period of 7 years and 6 months. The court also found special circumstances present, which influenced the overall sentencing decision.

The final orders of the court were that Nguyen would be sentenced to imprisonment for 11 years and 6 months, effective from 15 October 2022, with a non-parole period of 7 years and 6 months, set to expire on 14 April 2030. Nguyen would be eligible for parole consideration after serving the non-parole period. The court also noted the presence of special circumstances as outlined in Form 1.

Orders

Orders of the court

Pursuant to s.53A(2)(b) of the Crimes (Sentencing Procedure) Act, 1999, I list the individual offences dealt with in the above aggregate sentence with respective indicative sentences:

Sequence 1 10 years, non-parole period 6 years 6 months

Sequence 3 9 years, non -parole period 5 years 10 months

Sequence 18 7 years, non-parole period 4 years 6 months

Sequence 19 4 years 6 months

The offender is convicted and I impose an AGGREGATE SENTENCE pursuant to s.53A of the Crimes (Sentencing Procedure) Act, 1999 as follows:

Sentenced to imprisonment for 11 years and 6 months, to date from 15 October 2022 and to expire on 14 April 2034

I set a non parole period of 7 years and 6 months, to date from the commencement of the sentence

and to expire on 14 April 2030

Eligible to be considered for release to parole at the expiration of the non-parole period.

I find special circumstances

Form 1 matters taken into account on Sequence 1.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	R v Nguyen [2023] NSWDC 288
Hearing dates:	23/6/23, 3/7/23
Date of orders:	3/7/23
Decision date:	03 July 2023
Jurisdiction:	Criminal
Before:	Bourke SC DCJ
Decision:	Pursuant to s.53A(2)(b) of the Crimes (Sentencing Procedure) Act, 1999, I list the individual offences dealt with in the above aggregate sentence with respective indicative sentences: Sequence 1 10 years, non-parole period 6 years 6 months Sequence 3 9 years, non -parole period 5 years 10 months Sequence 18 7 years, non-parole period 4 years 6 months Sequence 19 4 years 6 months The offender is convicted and I impose an AGGREGATE SENTENCE pursuant to s.53A of the Crimes (Sentencing Procedure) Act, 1999 as follows: Sentenced to imprisonment for 11 years and 6 months, to date from 15 October 2022 and to expire on 14 April 2034 I set a non parole period of 7 years and 6 months, to date from the commencement of the sentence and to expire on 14 April 2030 Eligible to be considered for release to parole at the expiration of the non-parole period. I find special circumstances Form 1 matters taken into account on Sequence 1.
Catchwords:	Crime – Sentence – Supply large commercial quantity of heroin
Legislation Cited:	Crimes (Sentencing Procedure) Act 1999
Cases Cited:	Attorney-General’s application under s 37 CSPA 1999 (No. 1 of 2002) 56 NSWLR 146 R v Edwards (1996) 90 A Crim R 510
Category:	Sentence
Parties:	NSW DPP – Crown Joey Nguyen - Offender
Representation:	Mr M Gleeson for Crown Mr I Lloyd KC for Offender
File Number(s):	22/24184