Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Thuong Nguyen v R [2012] NSWCCA 184 Hearing dates: 18 July 2012 Decision date: 04 September 2012 Before: Allsop P at [1]
Latham J at [2]
Davies J at [3]Decision: (1) Leave to appeal granted.
(2) Appeal dismissed.
Catchwords: CRIMINAL LAW - appeal against sentence - importing marketable quantity of heroin - whether sentence manifestly excessive - prior criminal record involving trafficking in heroin - admissions of uncharged acts of the same type as the offence charged - admissions made as part of assistance to authorities - relevance to personal deterrence Legislation Cited: Crimes Act 1900 (Cth) Cases Cited: Angus John Lindsay v R [2012] NSWCCA 124
Dinsdale v The Queen [2000] HCA 54; (2000) 282 CLR 321
Director of Public Prosecutions v De La Rosa (2010) NSWCCA 194
House v The King (1936) 55 CLR 499
Kuti v R [2012] NSWCCA 43
Remus Ritter v R [2012] NSWCCA 121Category: Principal judgment Parties: Thuong Nguyen (Applicant)
CrownRepresentation: Counsel:
Mr M Johnston (Applicant)
Mr C P O'Donnell (Crown)
Solicitors:
Legal Aid Commission NSW (Applicant)
Commonwealth Director of Public Prosecutions (Defendant)
File Number(s): 2010/136705 Decision under appeal
- Jurisdiction:
- 9101
- Date of Decision:
- 2011-03-25 00:00:00
- Before:
- Wells DCJ
- File Number(s):
- 2010/136705
Judgment
ALLSOP P: I agree with Davies J.
LATHAM J: I agree with Davies J.
DAVIES J: On 1 December 2010 the Applicant pleaded guilty in the Central Local Court to an offence of importing a marketable quantity of a border controlled drug being heroin. The maximum penalty for the offence is 25 years imprisonment and/or a fine of $550,000.
On 25 March 2011 Judge Wells sentenced the Applicant to a term of seven years imprisonment with a non-parole period of four years and two months.
The Applicant seeks leave to appeal against the sentence imposed on the grounds that it was manifestly excessive.
Circumstances of the offence
The Applicant, who is an Australian citizen, left Sydney for Ho Chi Minh City on 30 April 2010. He arrived back in Sydney on 30 May 2010 from Ho Chi Minh City internally concealing two large pellets and 79 smaller pellets containing heroin. The powder weighed 387.4 grams gross and contained 274.7 grams of pure heroin.
The Customs officers in Sydney were alerted on arrival to the possibility that he was carrying drugs when an ion scan wand of his luggage and his wallet returned a positive reading for the presence of heroin. He submitted to internal searching and was later admitted to St George Hospital for that purpose.
He spoke to the police in a formal interview on 1 June 2010. During the course of that interview he told the police that there had been two or three prior occasions when he had engaged in exactly the same type of behaviour. He told them that he knew that the pellets that he swallowed contained heroin. He said that he was paid about $40,000 for…
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- AGLC
- Thuong Nguyen v R [2012] NSWCCA 184
- Case
- [2012] NSWCCA 184
- Decision Date
CaseChat Overview and Summary
The court found that while the sentence was severe, it was not manifestly excessive. The trial judge had considered all relevant factors, including the nature and circumstances of the offence, Nguyen's criminal history, and the need for general deterrence. The court held that the sentence reflected the seriousness of the offence and the need to protect the community. The admissions of uncharged acts were relevant to personal deterrence and were properly considered by the trial judge. The court concluded that the sentence was within the range of appropriate penalties for the offence and dismissed the appeal.
Orders
Orders of the court
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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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