R v Nguyen and Tran [2021] NSWDC 576

R v Nguyen and Tran [2021] NSWDC 576

The appropriate sentences reflect the seriousness of manufacturing and supplying large commercial quantities of methylamphetamine, adjusted for limited roles of the offenders, lack of remorse, and parity considerations. Discounts applied where timely guilty pleas were entered, and findings of special circumstances justified extended non-parole periods. Aggregate sentencing was imposed for Mr Nguyen for multiple offences; a single term, accounting for Form 1 matter, for Mr Tran.

Jurisdiction
Australia
Judgment Date
28 June 2021
Procedural Posture
Criminal / Sentencing Decision
Outcome
Mr Nguyen convicted and sentenced to aggregate term of imprisonment of 5 years 10 months with non-parole period of 4 years. Mr Tran convicted and sentenced to imprisonment of 5 years 8 months with non-parole period of 3 years 4 months.
Legal Topics
['drug Offences' 'sentencing' 'manufacture of Prohibited Drugs' 'supplying Commercial Quantity of Drugs' 'parity Principle']
['criminal Law'] ['drug Offences' 'sentencing' 'manufacture of Prohibited Drugs' 'supplying Commercial Quantity of Drugs' 'parity Principle']

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Procedural Posture

Criminal / Sentencing Decision

Legal Issues

  1. 1 ['Appropriate sentence for manufacturing and supplying commercial and large commercial quantities of methylamphetamine' "Assessment of individual offender's roles and objective seriousness" 'Application of parity in sentencing' 'Impact of pleas of guilty and subjective factors']

Ratio Decidendi

The appropriate sentences reflect the seriousness of manufacturing and supplying large commercial quantities of methylamphetamine, adjusted for limited roles of the offenders, lack of remorse, and parity considerations. Discounts applied where timely guilty pleas were entered, and findings of special circumstances justified extended non-parole periods. Aggregate sentencing was imposed for Mr Nguyen for multiple offences; a single term, accounting for Form 1 matter, for Mr Tran.

Court Disposition

Mr Nguyen convicted and sentenced to aggregate term of imprisonment of 5 years 10 months with non-parole period of 4 years. Mr Tran convicted and sentenced to imprisonment of 5 years 8 months with non-parole period of 3 years 4 months.

Orders

  • ['Mr Nguyen: convicted and sentenced to aggregate term of imprisonment of 5 years 10 months, non-parole period of 4 years (24/1/19–23/1/23), expiry 23/11/24. Special circumstances found. Indicative sentences: Manufacture—5 years 4 months NPP 3 years 8 months; Supply—3 years NPP 2 years 1 month.' 'Mr Tran: convicted...