District Court
New South Wales
Medium Neutral Citation: R v Nguyen [2019] NSWDC 174 Hearing dates: 29 March 2019 Date of orders: 29 March 2019 Decision date: 29 March 2019 Jurisdiction: Criminal Before: M L Williams SC DCJ Decision: A term of imprisonment of 6 years, with a non-parole period of 3 years: at [19].
Catchwords: SENTENCING – single Commonwealth offence – attempt to possess a marketable quantity of a border-controlled drug – cocaine – s 16BA schedule offences – guilty plea – good prospects of rehabilitation – parity Legislation Cited: Crimes Act 1914 (Cth) Cases Cited: Awad Nakhla v R [2011] NSWCCA 143
DPP (Cth) v De La Rosa [2010] NSWCCA 194
R v Nikolovska [2010] NSWCCA 169
R v Toeh Ban Joo [2018] VSCA 239
R v UE [2016] QCA 58
R v Xiao [2018] NSWCCA 4Texts Cited: Nil Category: Sentence Parties: Regina (Crown)
Anh Vu Nguyen (Offender)Representation: Mr Barrow (Crown)
Mr Shridhar (Offender)
File Number(s): 2016/382799 Publication restriction: Nil
Judgment
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The resolution of this sentencing exercise has been greatly facilitated by the very competent and efficient way in which counsel have prepared the matter, including the provision of comprehensive written submissions. The work that counsel have done has indicated that there is very little, if any, dispute between the Crown and Mr Shridhar, counsel for the offender, as to the way in which the sentencing process should be undertaken.
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The offender has pleaded guilty at a relatively late stage, in circumstances which it is agreed attract a 10% discount on any term of imprisonment, to one count under s 307.6(1) of the Criminal Code (Cth), of attempt to possess a marketable quantity of a border-controlled drug, being 651 grams of cocaine between 28 June and 18 July 2016. The maximum penalty for this offence is 25 years imprisonment, which is, of course, a yardstick to be used in the sentencing process and indicates the way in which the legislature and the community regards such serious offending.
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I will also take into account on a s 16BA schedule; two counts of trafficking a controlled drug, namely MDMA, which carries a maximum penalty of ten years imprisonment, both arising out of the finding of a small quantity of MDMA during a search of the offender’s residence on 20 December 2016. Those offences will be taken into account, as is common ground, in a similar way in practical terms, to the way matters are dealt with for State offences, as suggested by the Chief Justice in the guideline judgment on Form 1 matters.
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Mr Nguyen has been in custody since his arrest on 20 December 2016, a period of two years, three months and ten days. Mr Shridhar concedes, to use his words, some further period of custody is a must, it is only a question of how much longer, so it is unnecessary for me to consider any alternatives to full time imprisonment.
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Mr Nguyen a good record, other than one charge of cultivate cannabis in relation…
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- AGLC
- R v Nguyen [2019] NSWDC 174
- Case
- [2019] NSWDC 174
- Decision Date
CaseChat Overview and Summary
The primary legal issue was the appropriate sentence for Nguyen's offence, considering the seriousness of attempting to possess a significant quantity of a controlled drug, the defendant's guilty plea, and his potential for rehabilitation. The court also had to ensure that the sentence was proportionate and aligned with sentencing principles for similar offences. The defence argued for a lesser sentence due to the defendant's good prospects of rehabilitation and the circumstances surrounding the offence.
In delivering the judgment, the court emphasised the need to balance the seriousness of the offence with the defendant's personal circumstances and prospects for rehabilitation. It was noted that while the offence was serious, the defendant's early guilty plea and good prospects for rehabilitation were significant mitigating factors. The court ultimately determined that a term of imprisonment of 6 years, with a non-parole period of 3 years, was appropriate, considering the need for deterrence, denunciation, and the rehabilitation of the defendant. This sentence also reflected the principle of parity with sentences imposed in similar cases.
Orders
Orders of the court
A term of imprisonment of 6 years, with a non-parole period of 3 years: at [19].
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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