R v Binh Trong NGUYEN [2011] NSWDC 120

R v Binh Trong NGUYEN [2011] NSWDC 120

The offender knowingly imported internally concealed heroin of significant value, had relevant prior drug convictions, and played an important courier role in bringing the drugs into Australia, so full-time imprisonment was required. An indicative sentence of eight years was reduced by an overall 25 per cent discount for the early guilty plea and limited other mitigating material, resulting in six years imprisonment with a four-year non-parole period.

Jurisdiction
Australia
Judgment Date
19 August 2011
Procedural Posture
Criminal Sentence / Sentencing After Plea of Guilty
Outcome
Offender convicted and sentenced to imprisonment for six years with a non-parole period of four years.
Legal Topics
['importing a Marketable Quantity of a Border Controlled Drug' 'heroin Importation' 'internal Concealment of Drugs' 'guilty Plea Discount' 'prior Criminal History' 'courier Role' 'non Parole Period']
['criminal Law' 'sentencing'] ['importing a Marketable Quantity of a Border Controlled Drug' 'heroin Importation' 'internal Concealment of Drugs' 'guilty Plea Discount' 'prior Criminal History' 'courier Role' 'non Parole Period']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentence / Sentencing After Plea of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for importing a marketable quantity of heroin contrary to s 307.2(1) of the Criminal Code of the Commonwealth.' 'What discount should be allowed for the plea of guilty and other mitigating material.' "Whether the offender's role as a courier, personal background, mental condition, drug addiction and prior criminal history affected sentence." 'Whether a non-parole period should be fixed.']

Ratio Decidendi

The offender knowingly imported internally concealed heroin of significant value, had relevant prior drug convictions, and played an important courier role in bringing the drugs into Australia, so full-time imprisonment was required. An indicative sentence of eight years was reduced by an overall 25 per cent discount for the early guilty plea and limited other mitigating material, resulting in six years imprisonment with a four-year non-parole period.

Court Disposition

Offender convicted and sentenced to imprisonment for six years with a non-parole period of four years.

Orders

  • ['The sentence of six years imprisonment will commence on 25 September 2010 and expire on 24 September 2016.' 'The non-parole period of four years will commence on 25 September 2010 and expire on 24 September 2014.' 'The document behind tab 8 of exhibit A is to be placed in a sealed envelope endorsed "Binh Trong...