R v Nguyen [2019] NSWDC 174

R v Nguyen [2019] NSWDC 174

Having regard to the objective seriousness of the attempted possession of 651 grams of cocaine, the two s 16BA MDMA matters, the offender's integral role through his trusted employment position, the need for general deterrence, the late guilty plea attracting a 10% discount, his remorse, limited prior record, excellent custodial conduct and excellent prospects of rehabilitation, and parity considerations, a sentence of 6 years imprisonment with a non-parole period of 3 years was appropriate.

Jurisdiction
Australia
Judgment Date
29 March 2019
Procedural Posture
Criminal Sentencing for a Commonwealth Drug Offence / Sentence After Guilty Plea
Outcome
The offender was convicted and sentenced to imprisonment for 6 years with a non-parole period of 3 years.
Legal Topics
['attempt to Possess a Marketable Quantity of a Border Controlled Drug' 'cocaine' 's 16 BA Schedule Offences' 'guilty Plea Discount' 'rehabilitation' 'parity' 'general Deterrence']
['criminal Law' 'sentencing'] ['attempt to Possess a Marketable Quantity of a Border Controlled Drug' 'cocaine' 's 16 BA Schedule Offences' 'guilty Plea Discount' 'rehabilitation' 'parity' 'general Deterrence']

Case Brief

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Procedural Posture

Criminal Sentencing for a Commonwealth Drug Offence / Sentence After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for attempting to possess 651 grams of cocaine, being a marketable quantity of a border-controlled drug.' 'How the two s 16BA schedule offences involving MDMA should be taken into account.' "What weight should be given to the offender's guilty plea, remorse, rehabilitation prospects, prior record, role in the offending, general deterrence and parity with other offenders."]

Ratio Decidendi

Having regard to the objective seriousness of the attempted possession of 651 grams of cocaine, the two s 16BA MDMA matters, the offender's integral role through his trusted employment position, the need for general deterrence, the late guilty plea attracting a 10% discount, his remorse, limited prior record, excellent custodial conduct and excellent prospects of rehabilitation, and parity considerations, a sentence of 6 years imprisonment with a non-parole period of 3 years was appropriate.

Court Disposition

The offender was convicted and sentenced to imprisonment for 6 years with a non-parole period of 3 years.

Orders

  • ['The offender is convicted of the offence.' 'Taking into account the Schedule s 16BA matters, a sentence of imprisonment of 6 years is imposed, to commence on 20 December 2016 and expire on 19 December 2022.' 'A non-parole period of 3 years is imposed, expiring on 19 December 2019; the offender is eligible for...