R v Thomas Binh Nguyen

Case [2018] NSWDC 424


District Court


New South Wales

Medium Neutral Citation: R v Thomas Binh Nguyen [2018] NSWDC 424
Hearing dates: 14 December 2017, 8 February 2018, 20 April 2018, 1 June 2018
Date of orders: 01 June 2018
Decision date: 01 June 2018
Jurisdiction:Criminal
Before: Neilson DCJ
Decision:

For Cth offences, on each count ICO for 1 year wholly cumulative

 

For firearms offences, imprisonment 3 months, 17 days.

For each other offence s9 Bond 2 years.
Catchwords: CRIME – SENTENCE – 2 offences contrary to Criminal Code (Cth) – Possession of a shortened firearm and ammunition – Firearm Act 1996 s62(1)(b), s65(3) – Deemed supply of 6.46 grams of cocaine – Possession of 0.85 grams of ecstasy – Possession of inoperable taser – Weapons Prohibition Act 1998 s7(1) – Young man – Prior good character – Self-rehabilitated
Legislation Cited: Crimes (Sentencing Procedure) Act 1999
Criminal Code Act 1995 (Cth)
Drug Misuse and Trafficking Act 1985
Firearms Act 1996 (NSW)
Weapons Prohibition Act 1998 (NSW)
Cases Cited: Ansari v R [2007] NSWCCA 204
Arora v Cobern [2015] WASC 440
R v Mezzadri [2011] NSWCCA 125
R v Nguyen; R v Alcazar [2017] NSWDC 386
Category:Sentence
Parties: Regina (Crown)
Thomas Binh Nguyen (Offender)
Representation:

Counsel:
Mr J Stephenson (Crown)
Ms CA Davenport (Offender)

  Solicitors:
CDPP (Crown)
Zahr Partners (Offender)
File Number(s): 2016/15453
Publication restriction: Nil

Judgment

  1. HIS HONOUR: Thomas Binh Nguyen stands for sentence as a consequence of pleading guilty to a number of charges. The offender has pleaded guilty to two charges contrary to section 400.9(1) of the Criminal Code of the Commonwealth of Australia. Each of those offences carries a maximum penalty of three years imprisonment.

  2. The offender also stands for sentence as a consequence of committing a number of offences against the law of this State. The first such offence is possessing a shortened firearm without authority. That is an offence contrary to the Firearms Act 1996, section 62(1)(b), which carries a maximum penalty of 14 years imprisonment. There is no standard non-parole period. In connection with that offence, the offender asks me to take into account on a Form 1 possession of ammunition without holding a licence, contrary to the provisions of section 65(3) of the Firearms Act 1996. The maximum penalty for that offence is a fine of 50 penalty units. The offender also has pleaded guilty to an offence contrary to section 7(1) of the Weapons Prohibition Act 1998. That was the possession of a prohibited weapon without a permit. The weapon can be described as a Taser but it was inoperable. The maximum penalty for that offence is 14 years imprisonment, and Parliament has prescribed a standard non-parole period of five years.

  3. The offender has also pleaded guilty to an offence contrary to section 25(1) of the Drug Misuse and Trafficking Act 1985. That was the deemed supply of the prohibited drug cocaine. The amount of cocaine was 6.46 grams. The trafficable quantity of cocaine is 3 grams, the indictable quantity…

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R v Thomas Binh Nguyen [2018] NSWDC 424
Case
[2018] NSWDC 424
Decision Date

CaseChat Overview and Summary

In the case of R v Thomas Binh Nguyen, the appellant stood before the court on charges related to firearms, drugs, and prohibited weapons. The prosecution alleged that Nguyen possessed a shortened firearm, ammunition, and various illicit substances, including cocaine and ecstasy. Furthermore, the appellant was charged with possessing an inoperable taser in contravention of the Weapons Prohibition Act 1998. The case was heard in a court of criminal jurisdiction in Australia.

The primary legal issues that the court was required to determine involved the appropriate sentencing for the multiple offences committed by Nguyen. This encompassed the consideration of cumulative sentencing principles, the relevance of prior good character, and the potential for rehabilitation. The court also needed to assess the relevance of the quantities of drugs involved and the specific nature of the firearms and weapons offences.

The court, after considering the evidence and submissions, determined that the appropriate sentence for the Commonwealth offences should be imprisonment with a 12-month Intensive Corrections Order (ICO) for each count, to be served cumulatively. For the firearms offences, the court imposed a custodial sentence of three months and seventeen days. For each of the remaining offences, the court ordered a two-year good behaviour bond. The court took into account Nguyen's prior good character and his potential for rehabilitation, while also emphasising the seriousness of the offences committed.

The final orders of the court were that Nguyen would serve a 12-month ICO for each Commonwealth offence, to be served cumulatively, along with a three-month and seventeen-day imprisonment term for the firearms offences. Additionally, a two-year good behaviour bond was imposed for each of the remaining offences.

Orders

Orders of the court

For Cth offences, on each count ICO for 1 year wholly cumulative

For firearms offences, imprisonment 3 months, 17 days.

For each other offence s9 Bond 2 years.

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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