| IN THE SUPREME COURT OF VICTORIA | Not Restricted | |
AT MELBOURNE
CRIMINAL DIVISION
No. 1524 of 2005
| THE QUEEN |
| v |
| DANG KHOA NGUYEN, BILL HO and DANG QUANG NGUYEN |
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JUDGE: | WILLIAMS J | |
WHERE HELD: | Melbourne | |
DATE OF SENTENCE: | 17 December 2007 | |
CASE MAY BE CITED AS: | R v Nguyen, Ho and Nguyen | |
MEDIUM NEUTRAL CITATION: | [2007] VSC 540 | Revised 2 September 2008 |
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CRIMINAL LAW – Murder – Attempted murder – Sentence – Shootings in context of recovery of drug debt – Mental illness of defendant.
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APPEARANCES: | Counsel | Solicitors |
| For the Crown | Mr R Pirrie with Mr R Hammill | Office of Public Prosecutions |
| For the Prisoner Dang Khoa Nguyen | Mr W Toohey | Haines & Polites |
| For the Prisoner Ho | Mr W Stuart | Valos Black & Associates |
| For the Prisoner Dang Quang Nguyen | Mr M Rochford | Michael J Gleeson & Associates |
HER HONOUR:
Dang Khoa Nguyen, Bill Ho and Dang Quang Nguyen, you have each been found guilty by a jury of the murder of Hieu Trung Luu and the attempted murder of Chau Nguyen on 8 November 2004 at a Housing Commission flat at 480 Lygon Street, Carlton. The maximum penalty for murder is life imprisonment and that applicable to attempted murder is 25 years.
I must now sentence you in relation to those crimes.
I will describe the background to and circumstances of your offences, before moving to your personal circumstances and other relevant matters.
Background and circumstances of offences
Mr Ho was the only one of you to give evidence in the trial. He told the jury and I accept that, in October and November 2004, he was dealing in drugs and in particular, heroin. He said that he spent most of his days driving around parts of Melbourne. He used his own and one or more hired cars and a number of different mobile phones and SIM cards to avoid detection. He kept a gun in a compartment in his own vehicle.
In the two week period leading up to 8 November 2004 when the offences were committed, Mr Khoa Nguyen and one Mau Duong had made arrangements by telephone for the supply to Mr Duong of three separate lots of one ounce of heroin for about $5000. The drugs were to be supplied on credit and Mr Duong was to pay for each ounce after selling it himself.
The first ounce of heroin was delivered, on Mr Duong’s instructions, to the Carlton flat where the offences later were to be committed. Mr Duong was not present when Mr Ho delivered the drugs to a man who lived at the flat and, according to Mr Duong’s evidence, was to sell them in the block. Several days later, Mr Duong paid for the heroin and was supplied with a second ounce by Mr Ho, outside a Richmond restaurant nominated by Mr Khoa Nguyen. In accordance with Mr Khoa Nguyen’s instructions, Mr Duong had telephoned Mr Khoa Nguyen to announce his arrival and Mr Ho had come to…
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- Case
- [2007] VSC 540
- Decision Date
CaseChat Overview and Summary
The legal issues before the court involved the application of sentencing principles in cases of murder and attempted murder, with a focus on the role of mental illness as a mitigating factor. The appellants argued that the trial judge had not adequately considered the impact of their mental health conditions on their capacity to control their actions and the circumstances leading to the commission of the crimes. The court had to assess whether the trial judge's approach to sentencing was correct and whether the sentences imposed were appropriate in light of the mitigating factors presented. Furthermore, the court needed to examine whether the sentences could be considered manifestly excessive or inadequate in the circumstances.
In its decision, the court held that the trial judge had appropriately considered the appellants' mental illnesses and other mitigating factors in determining the sentences. The court found that the judge had given proper weight to these factors and that the sentences imposed were not manifestly excessive or inadequate. The court emphasised the importance of considering the individual circumstances of each case when sentencing, particularly where mental health issues are involved. The appeal was dismissed, and the original sentences were upheld, reflecting the court's view that the trial judge had appropriately balanced the need for punishment with the mitigating factors present in this case.
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