Truong v The Queen

This matter concerned an application for leave to appeal against the severity of a sentence imposed on the applicant, Mr Truong, by the Supreme Court of the Northern Territory. Mr Truong had been convicted of possessing methamphetamine for the purpose of supply, having been apprehended at Darwin airport with 55.81 grams of the drug concealed on his person. The commercial threshold for methamphetamine in the Northern Territory is 40 grams. Mr Truong admitted to being involved in drug supply for commercial gain, despite initially claiming to be merely a courier satisfying a gambling debt.

The legal issues before the Court of Criminal Appeal were whether the sentence imposed was manifestly excessive, and whether it was inconsistent with sentences imposed for like offending. The applicant contended that his sentence was too severe, particularly when compared to sentences handed down in Victorian courts for similar drug offences. He argued that the quantity of drugs involved should not be the sole determinant of sentence and that his sentence was disproportionate to those imposed on offenders in other jurisdictions.

The Court of Criminal Appeal dismissed the application for leave to appeal. It reasoned that the applicant's reliance on Victorian sentencing decisions was unhelpful, as Victorian legislation and sentencing regimes differed significantly from those in the Northern Territory. The Court emphasised that the quantity of drugs was not the sole determinant in sentencing for drug offences and that general deterrence was of particular importance in the context of methamphetamine supply in the Northern Territory. The Court noted the prevalence of methamphetamine use and addiction in the Territory and the vital role of couriers and principals in its supply. The sentencing judge's starting point of six years imprisonment, before a discount for the guilty plea, was found not to be outside the bounds of sentencing discretion, and the sentence was therefore not considered manifestly excessive.