R v Nguyen and Tran

District Court

New South Wales

Medium Neutral Citation:

R v Nguyen and Tran [2021] NSWDC 576

Hearing dates:

28/8/21

Date of orders:

28/6/21

Decision date:

28 June 2021

Jurisdiction:

Criminal

Before:

Bourke SC DCJ

Decision:

Re Nguyen:

Convicted and sentenced to an aggregate term of imprisonment of 5 years 10 months with a NPP of 4 years (24/1/19-23/1/23). No discount recorded.

I find special circumstances.

The indicative sentences are:

Count 2 Manufacture – 5 years 4 months with NPP 3 years 8 months

Count 1 Supply – 3 years with NPP 2 years 1 month.

Re Tran:

For Count 1 Manufacture - Convicted and sentenced to a term of imprisonment of 5 years 8 months with a NPP of 3 years 4 months (26/11/19-25/3/23). 5 percent discount for plea.

I find special circumstances.

Form 1 taken into account.

Catchwords:

Crime – Sentence – Supplying commercial quantity of methylamphetamine – Manufacture large commercial quantity of methylamphetamine - Parity

Legislation Cited:

Crimes (Sentencing Procedure) Act 1999

Category:

Sentence

Parties:

NSW DPP – Crown
Hung Nguyen – Offender
Van Tran - Offender

Representation:

Counsel:
Mr L Christoff for Crown
Mr P Segal for Nguyen
Mr D Shridhar for Tran

File Number(s):

19/26544, 19/27230

remarks on sentence

1. The offenders Mr Hung Nguyen and Mr Van Tran are for sentence today in relation to offences involving methylamphetamine.

2. Mr Nguyen is to be sentenced in relation to two offences as follows. Firstly, an offence of supplying a commercial quantity of methylamphetamine, namely, 408 grams. The maximum penalty for that offence is 20 years imprisonment and a standard non-parole period of ten years is specified. Secondly, an offence of manufacturing not less than the large commercial quantity of methylamphetamine, namely, 4,803 grams. The maximum penalty for that offence is life imprisonment and a standard non parole period of 15 years is specified.

3. In the case of Mr Tran, he is to be sentenced for a single offence, namely, manufacturing not less than the large commercial quantity of methylamphetamine, namely, 4,803 grams. The maximum penalty for that offence, as I have already said, is life imprisonment and it attracts a standard non-parole period of 15 years.

4. In addition, Mr Tran asks that in sentencing him for that offence the Court take into account, on a Form 1 document, an additional offence of supplying 408 grams of methylamphetamine being not less than the commercial quantity.

5. The maximum penalties and the standard non-parole periods represent important guideposts in the sentencing exercise to which I have regard.

6. Mr Tran entered a plea of guilty immediately prior to the commencement of his scheduled trial and he is therefore entitled to a discount of 5% by reason of that plea. Mr Nguyen was convicted by a jury after a defended trial and so no discount for any plea of guilty applies in his case.

FACTS

7. Turning to factual matters. A statement of agreed facts was tendered in Mr Tran’s case which provides an appropriate summary of events relating to his offending. Counsel for…