R v Thomas Binh Nguyen

[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…