R v Thomas Binh Nguyen [2018] NSWDC 424

R v Thomas Binh Nguyen [2018] NSWDC 424

The Commonwealth money dealing offences were significant and in the mid-range because the offender deliberately conveyed very large amounts of cash in circumstances where he knew or must have realised the money was dirty. The State offences were towards the bottom of the range because the drugs were accepted as for personal use, the firearm and ammunition were held for safekeeping, and the Taser was inoperable. Given the earliest guilty pleas, prior good character, true remorse and contrition, excellent rehabilitation, abstinence from illicit drugs, full-time work and study, supportive circumstances and extremely low risk of reoffending, further full-time custody would do no good; the...

Jurisdiction
Australia
Judgment Date
01 June 2018
Procedural Posture
Criminal Sentence / Sentence Following Guilty Pleas
Outcome
Offender convicted and sentenced. Each Commonwealth offence received a one-year intensive correction order, wholly cumulative. The shortened firearm offence received imprisonment for three months and seventeen days backdated to time already served. The prohibited weapon and cocaine supply offences were dealt with by...
Legal Topics
['criminal Code (cth) Money Dealing Offences' 'proceeds of Crime' 'possession of Shortened Firearm' 'possession of Ammunition on Form 1' 'possession of Prohibited Weapon' 'deemed Supply of Cocaine' 'possession of Prohibited Drug on Form 1' 'intensive Correction Order' 'good Behaviour Bond' 'rehabilitation']
['criminal Law' 'sentencing'] ['criminal Code (cth) Money Dealing Offences' 'proceeds of Crime' 'possession of Shortened Firearm' 'possession of Ammunition on Form 1' 'possession of Prohibited Weapon' 'deemed Supply of Cocaine' 'possession of Prohibited Drug on Form 1' 'intensive Correction Order' 'good Behaviour Bond' 'rehabilitation']

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Procedural Posture

Criminal Sentence / Sentence Following Guilty Pleas

Legal Issues

  1. 1 ['What sentences should be imposed for two offences contrary to s 400.9(1) of the Criminal Code of the Commonwealth involving dealings with large amounts of suspected proceeds of crime.' 'What sentences should be imposed for the State offences involving possession of a shortened firearm, ammunition, an inoperable Taser, deemed supply of cocaine and possession of ecstasy.' "Whether the offender's guilty pleas, prior good character, remorse, self-rehabilitation, abstinence from illicit drugs and low risk of reoffending justified sentences in the community rather than further full-time custody."]

Ratio Decidendi

The Commonwealth money dealing offences were significant and in the mid-range because the offender deliberately conveyed very large amounts of cash in circumstances where he knew or must have realised the money was dirty. The State offences were towards the bottom of the range because the drugs were accepted as for personal use, the firearm and ammunition were held for safekeeping, and the Taser was inoperable. Given the earliest guilty pleas, prior good character, true remorse and contrition, excellent rehabilitation, abstinence from illicit drugs, full-time work and study, supportive circumstances and extremely low risk of reoffending, further full-time custody would do no good; the...

Court Disposition

Offender convicted and sentenced. Each Commonwealth offence received a one-year intensive correction order, wholly cumulative. The shortened firearm offence received imprisonment for three months and seventeen days backdated to time already served. The prohibited weapon and cocaine supply offences were dealt with by...

Orders

  • ['For the offence on 7 January 2016 at Burwood of dealing with money reasonably suspected of being proceeds of crime, value $100,000 or more, namely $493,460, the offender was convicted and sentenced to imprisonment for one year commencing 1 June 2018, to be served by way of intensive correction in the community.'...