R v Vuong

[2022] NSWDC 224

District Court

New South Wales

Medium Neutral Citation:

R v VUONG [2022] NSWDC 224

Hearing dates:

23 March 2022

Date of orders:

25 March 2022

Decision date:

25 March 2022

Jurisdiction:

Criminal

Before:

Buscombe DCJ

Decision:

Sentence imposed of nine years imprisonment, consisting of a non-parole period of six years and a balance of term of three years.

Catchwords:

CRIME – Drug offences - Supply prohibited drug – large commercial quantity

SENTENCING – Aggravating factors – Record of previous convictions

Legislation Cited:

Crimes Act 1900 (NSW), s 193B(2)

Crimes (Sentencing Procedure) Act 1999 (NSW), s 3A, s 21

Drug Misuse and Trafficking Act 1985 (NSW), s 25(2)

Cases Cited:

Callaghan v The Queen [1952] 87 CLR 115

Mitchell v R [2021] NSWCCA 306

Valetta v R [2021] NSWCCA 208

Category:

Sentence

Parties:

Director of Public Prosecutions (Crown)
Le Thanh Vuong (Offender)

Representation:

Solicitors:
Ms Bhat (Crown)
Mr Nguyen (Offender)

File Number(s):

2021/00077371

sentence

Introduction

1. The offender is to be sentenced having pleaded guilty to an offence that between 5 January 2021 and 18 March 2021, at Mount Pritchard, she supplied an amount of a prohibited drug, namely 915.88 grams of methylamphetamine, being an amount which was not less than the large commercial quantity applicable to that prohibited drug. That is an offence under s 25(2) of the Drug Misuse and Trafficking Act. It has a maximum penalty of life imprisonment and/or a fine equivalent to 5000 penalty units. There is an applicable standard non-parole period of 15 years in prison.

2. When sentencing the offender for that offence, she acknowledges her guilt in relation to a further offence that is on a Form 1, being an offence that on 18 March 2021 at Cabramatta, the offender dealt with the proceeds of crime, namely $7,050 in Australian currency, knowing that it was the proceeds of crime. That is an offence under s 193B(2) of the Crimes Act.

The facts

3. Turning then to the facts.

4. The facts are agreed and extend to some 28 pages. The following is taken from the agreed facts, but I have had regard to all the agreed facts in determining the appropriate sentence.

5. The police established a police strike force in December 2020 to investigate the distribution of methylamphetamine throughout the south-west metropolitan area of Sydney. During the course of a police investigation between 5 January 2021 and 18 March 2021, the offender supplied a total quantity of 915.88 grams of methylamphetamine to an undercover officer on eight separate occasions. The particulars of the individual supplies which make up the charge are as follows.

1. On 5 January 2021, the offender supplied 27.5 grams of methylamphetamine with a purity of 79.5% to an undercover officer for $6,300.

2. On 16 January 2021, the offender supplied 55.7 grams of methylamphetamine with a purity of 80% to an undercover officer for $12,200.

3. On 21 January 2021, the offender supplied 55.5 grams of methylamphetamine with a purity of 79.5% for $12,200.

4. On 29 January 2021, the offender supplied to the undercover officer…