R v Nguyen

[2019] NSWDC 174

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 4
Texts 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

1. 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.

2. 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.

3. 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.

4. 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.

5. Mr Nguyen a good record, other than one charge of cultivate cannabis in relation…