R v Nguyen [2024] NSWDC 499

R v Nguyen [2024] NSWDC 499

Given the offender's low-level involvement, early guilty plea, lack of prior criminal history, genuine remorse, low risk of reoffending, and period of pre-sentence custody, a sentence of 14 months' imprisonment to be served by way of an Intensive Correction Order is appropriate, consistent with the objective and subjective circumstances, and the need for community safety.

Parties
Crown: Director of Public Prosecutions (NSW); Offender: Van Hieu Nguyen
Jurisdiction
Australia
Judgment Date
12 February 2024
Procedural Posture
Criminal / Sentence
Outcome
Offender convicted; sentenced to 14 months' imprisonment to be served as an Intensive Correction Order (ICO).
Legal Topics
Drug Offences, Enhanced Indoor Cultivation, Large Commercial Quantity, Sentencing, Intensive Correction Order
Criminal Law Drug Offences Enhanced Indoor Cultivation Large Commercial Quantity Sentencing Intensive Correction Order

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Parties

Director of Public Prosecutions (NSW)

Crown

Van Hieu Nguyen

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 What is the appropriate sentence for knowingly taking part in the enhanced indoor cultivation of a large commercial quantity of cannabis under s 23(2)(a) of the Drug Misuse and Trafficking Act 1985 (NSW)?
  2. 2 Should the sentence be served by way of an Intensive Correction Order?

Ratio Decidendi

Given the offender's low-level involvement, early guilty plea, lack of prior criminal history, genuine remorse, low risk of reoffending, and period of pre-sentence custody, a sentence of 14 months' imprisonment to be served by way of an Intensive Correction Order is appropriate, consistent with the objective and subjective circumstances, and the need for community safety.

Court Disposition

Offender convicted; sentenced to 14 months' imprisonment to be served as an Intensive Correction Order (ICO).

Orders

  • Offender convicted and sentenced to 14 months' imprisonment to be served by way of an Intensive Correction Order.
  • Offender must report to the Community Corrections office at Fairfield as soon as practicable but no later than 7 days from the date of the order.