SUPREME COURT OF QUEENSLAND
CITATION:
R v Nguyen [2015] QCA 205
PARTIES:
R
v
NGUYEN, Thang Huy
(applicant)FILE NO/S:
CA No 88 of 2015
SC No 543 of 2014DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
District Court at Brisbane – Unreported, 30 January 2015DELIVERED ON:
27 October 2015
DELIVERED AT:
Brisbane
HEARING DATE:
15 October 2015
JUDGES:
Fraser and Gotterson JJA and Dalton J
Separate reasons for judgment of each member of the Court, each concurring as to the order madeORDER:
Application for leave to appeal against sentence refused.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the applicant pleaded guilty to two counts of possession of dangerous drugs, namely methylamphetamine and 3,4-methylenedioxymethamphetamine – where the applicant was sentenced to imprisonment for a period of two years and six months – where the applicant was intercepted by police and found to be in possession of 13.051 grams of pure methylamphetamine as well as 0.441 grams of MDMA – where the learned sentencing judge made a finding that the methylamphetamine was to be used for a commercial purpose although his Honour was not prepared to make a positive finding that sales were to be made by the applicant himself – where the applicant was 27 years old at the time of offending, married and had two children – where the applicant had a previous conviction for trafficking in the dangerous drug heroin at the age of 17 – where the applicant submits that the sentence is manifestly excessive in that insufficient regard was given to the applicant’s psychological vulnerability in prison and to the strain placed on the applicant by his wife’s mental illness – where allied with these factors was a further submission that too much weight was placed upon the applicant’s prior offending – whether the sentence is manifestly excessive
Drugs Misuse Act 1986 (Qld), s 9(b), s 9(d)
R v Bankier, Unreported, Dutney J, SC No 996 of 2007 & SC No 205 of 2008, 25 March 2008, considered
R v Beasley[2013] QCA 322, cited
R v Duggan[2004] QCA 442, considered
R v Fabre[2008] QCA 386, cited
R v Gillbanks[2015] QCA 148, cited
R v Griffiths[2009] QCA 13, cited
R v Hesketh; Ex parte Attorney-General (Qld)[2004] QCA 116, considered
R v Rabjones, Unreported, Atkinson J, SC No 276 of 2007, 2 August 2004, considered
R v Tabe[2004] QCA 17, citedCOUNSEL:
S J Keim SC for the applicant
D L Meredith for the respondentSOLICITORS:
Guest Lawyers for the applicant
Director of Public Prosecutions (Queensland) for the respondent
FRASER JA: I agree with the reasons for judgment of Gotterson JA and the order proposed by his Honour.
GOTTERSON JA: On 30 January 2015, in the Supreme Court at Brisbane, the applicant, Thang Huy Nguyen, pleaded guilty to two counts of…
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- R v Nguyen [2015] QCA 205
- Case
- [2015] QCA 205
- Decision Date
CaseChat Overview and Summary
The court examined the grounds for interference with the sentence, focusing on the principle that the sentence should not be manifestly excessive or inadequate. The applicant argued that the sentence failed to account adequately for his psychological vulnerabilities and the mental health strain from his wife. The court considered these factors alongside the weight given to Nguyen's previous conviction for heroin trafficking at age 17. The sentencing judge had balanced these considerations against the seriousness of the offence and the need for deterrence and denunciation. The court found that the sentence imposed was within the range of sentences that a properly directed sentencing judge could have imposed, given the nature and circumstances of the offence.
In conclusion, the court ruled that the sentence was not manifestly excessive or inadequate. The application for leave to appeal against the sentence was refused. The court upheld the sentencing judge’s decision, finding that the sentence appropriately balanced all relevant considerations, including the applicant's prior offending history and the need to address the seriousness of the drug possession offence.
Orders
Orders of the court
Application for leave to appeal against sentence refused.
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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