Nguyen v The Queen

Charlie Nguyen appealed against his sentence of three years and nine months’ imprisonment, imposed by Judge D J Harvey in the Manukau District Court on 4 March 2020, for four offences against the Misuse of Drugs Act 1975. Nguyen’s counsel argued the sentence was manifestly excessive and should be substituted with 14–17 months’ imprisonment. The appeal hinged on whether the sentence imposed by the District Court judge was manifestly excessive or whether the sentence was within the range that could properly be justified by accepted sentencing principles. The appeal was dismissed.

The High Court held that the appeal was to be assessed not on a search for error, but rather an assessment of the appropriate outcome when considered against new guidelines. The court found that the offending overall should be addressed by concurrent sentences as the offences were each of a similar kind, connected in time and nature. The totality of the offending was Mr Nguyen’s presentation as a relatively small-scale but nonetheless profitable commercial Class A and B drugs operation. The judge’s two-year uplift was within range, if stern. The appeal was dismissed because the court found no manifest excess in the Judge’s sentence. The sentence met the applicable purposes and principles of sentencing and was the least restrictive outcome available.