Regina v Thanh Dung Nguyen - [2007] NSWDC 330

CITATION: Regina v Thanh Dung Nguyen [2007] NSWDC 330

HEARING DATE(S): 9/3/07 and 22/3/07.

JUDGMENT DATE:
20 April 2007

JURISDICTION: District Court of New South Wales

JUDGMENT OF: Cogswell SC DCJ at 1

DECISION: Sentence of imprisonment for nine years and six months with a non-parole period of six years.

CATCHWORDS: Criminal law - Sentence after plea of guilty - Supply large commerical quantity of a prohibited drug - Heroin - Drug courier - No previous convictions - Gambling addiction - Remorse

LEGISLATION CITED: s25(2) Drug Misuse and Trafficking 1985
ss 44, 47, 54B Crimes (Sentencing Procedure) Act 1999

CASES CITED: CTC v Regina [2006] NSWCCA 236
Regina v Cassar [1999] NSWCCA 152
Regina v Chan [1999] NSWCCA 103
Regina v Misiepo [2005] NSWCCA 405
Veen v The Queen (No.2) (1988) 164 CLR 465
Vu v Regina [2006] NSWCCA 188

PARTIES: Regina
Thanh Dung Nguyen

FILE NUMBER(S): 06/21/3289

COUNSEL: Mr Bellanto QC for the offender

SOLICITORS: Ms Morkaya for the NSW DPP

JUDGMENT

1. Thanh Dung Nguyen has pleaded guilty to supplying a prohibited drug. It was 2.1123 kilograms of heroin. This is more than twice the large commercial quantity for heroin. The offence was against s25(2) of the Drug Misuse and Trafficking Act 1985. Because it is more than a large commercial quantity, it carries a sentence of life imprisonment pursuant to s33(3)(a) of the same Act. Two backup offences have been transferred to me: possessing a prohibited drug, 2.1123 kilograms of heroin and goods in custody, the amount of $10,000.

2. The offender was committed for sentence on 6 December 2006 from the Liverpool Local Court. The Crown acknowledges that his plea of guilty was entered at the first available opportunity.

3. The facts of the offences are set out in a document which is part of Exhibit A. On 20 August 2006, police received information about a possible interstate transportation of a large amount of illegal drugs. The information included the name of the offender and a car registration number. Police conducted surveillance on certain premises in Fairfield East and on the offender in his car. Police later approached the offender in the car and told him of their suspicions. The offender denied that he was carrying any drugs. When the police searched the car, the offender admitted there were drugs and told the police where to look. They found white packaging underneath where the spare tyre is held. The packaging was stored through the rims of the tyre and clearly depicted in a series of photographs taken at the scene. The packaging comprised seven blocks neatly and securely packaged by heavy duty tape and cushioned with carpet inserts. The packaging had clearly been carefully secured so as to avoid detection otherwise than by a thorough search.

4. The offender was arrested and cautioned. He admitted he was on his way to Melbourne to meet a friend to deliver the drugs. He said that he had packed the blocks in the tyre himself earlier that morning.…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Regina v Thanh Dung Nguyen

Details

AGLC: Regina v Thanh Dung Nguyen [2007] NSWDC 330
Case: [2007] NSWDC 330
Decision Date: 20 April 2007

CaseChat Overview and Summary

The appellant, Thanh Dung Nguyen, was convicted of supplying a large commercial quantity of heroin and brought before the court for sentencing. The appellant pleaded guilty to the charge, which arose from his involvement in a drug trafficking operation. The court was tasked with determining an appropriate sentence, considering the nature and circumstances of the offence, as well as the appellant’s background and personal circumstances.

The court considered several legal issues, including the seriousness of the offence, the appellant's role in the drug trafficking operation, and the principles of sentencing for drug offences. It also took into account the appellant's lack of previous convictions, his expression of remorse, and his personal circumstances, such as his gambling addiction. The court had to balance the need for deterrence and denunciation with the principles of rehabilitation and proportionality.

In delivering the sentence, the court held that the offence was of a serious nature, given the large quantity of heroin involved and the appellant's role as a drug courier. However, it also recognised the appellant's lack of previous convictions and his expression of remorse. The court ultimately determined that a sentence of imprisonment was necessary to adequately reflect the seriousness of the offence and to provide deterrence. It imposed a sentence of imprisonment for nine years and six months, with a non-parole period of six years.

Orders

Orders of the court

Sentence of imprisonment for nine years and six months with a non-parole period of six 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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CITATION:	Regina v Thanh Dung Nguyen [2007] NSWDC 330
HEARING DATE(S):	9/3/07 and 22/3/07.
JUDGMENT DATE:	20 April 2007
JURISDICTION:	District Court of New South Wales
JUDGMENT OF:	Cogswell SC DCJ at 1
DECISION:	Sentence of imprisonment for nine years and six months with a non-parole period of six years.
CATCHWORDS:	Criminal law - Sentence after plea of guilty - Supply large commerical quantity of a prohibited drug - Heroin - Drug courier - No previous convictions - Gambling addiction - Remorse
LEGISLATION CITED:	s25(2) Drug Misuse and Trafficking 1985 ss 44, 47, 54B Crimes (Sentencing Procedure) Act 1999
CASES CITED:	CTC v Regina [2006] NSWCCA 236 Regina v Cassar [1999] NSWCCA 152 Regina v Chan [1999] NSWCCA 103 Regina v Misiepo [2005] NSWCCA 405 Veen v The Queen (No.2) (1988) 164 CLR 465 Vu v Regina [2006] NSWCCA 188
PARTIES:	Regina Thanh Dung Nguyen
FILE NUMBER(S):	06/21/3289
COUNSEL:	Mr Bellanto QC for the offender
SOLICITORS:	Ms Morkaya for the NSW DPP