R v Trung [2022] NSWDC 186

R v Trung [2022] NSWDC 186

An aggregate sentence of imprisonment was required because the offender possessed a loaded, easily concealable prohibited firearm in a public place and possessed a substantial quantity of heroin, with additional non-trivial weapon, drug and proceeds offences. Although sentenced on the basis that he was a courier and received a 25 percent discount for early guilty pleas, the Form 1 matters warranted upward pressure, the offending while subject to an Intensive Correction Order and bail aggravated overall criminality, and his rehabilitation prospects were uncertain. Special circumstances justified a non-parole period lower than the ordinary ratio, and the sentence was backdated to 2 June...

Jurisdiction
Australia
Judgment Date
04 March 2022
Procedural Posture
Criminal Sentence / Sentence Following Guilty Pleas
Outcome
Convicted and sentenced to an aggregate term of imprisonment of 4 years 2 months with a non-parole period of 2 years 6 months. Special circumstances were found.
Legal Topics
['possess Unauthorised Prohibited Firearm' 'supply Indictable Quantity of Heroin' 'possess Prohibited Weapon' 'deal With Proceeds of Crime' 'form 1 Offences' 's 166 Criminal Procedure Act 1986 Certificate' 'aggregate Sentence' 'special Circumstances']
['criminal Law' 'sentencing'] ['possess Unauthorised Prohibited Firearm' 'supply Indictable Quantity of Heroin' 'possess Prohibited Weapon' 'deal With Proceeds of Crime' 'form 1 Offences' 's 166 Criminal Procedure Act 1986 Certificate' 'aggregate Sentence' 'special Circumstances']

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Procedural Posture

Criminal Sentence / Sentence Following Guilty Pleas

Legal Issues

  1. 1 ['Assessment of the objective seriousness of possessing an unauthorised prohibited firearm and supplying an indictable quantity of heroin.' 'Whether the offender should be sentenced on the basis that he was a courier of the firearm and heroin.' 'Effect of the Form 1 offences and the s 166 Criminal Procedure Act 1986 certificate offences on the sentence.' 'Assessment of remorse, prospects of rehabilitation, risk of re-offending, and the fact that the offences were committed while the offender was subject to an Intensive Correction Order and, for the January 2021 offences, on bail.' 'Whether imprisonment was the only appropriate penalty, whether special circumstances justified adjusting the statutory ratio, and the appropriate commencement date for the sentence.']

Ratio Decidendi

An aggregate sentence of imprisonment was required because the offender possessed a loaded, easily concealable prohibited firearm in a public place and possessed a substantial quantity of heroin, with additional non-trivial weapon, drug and proceeds offences. Although sentenced on the basis that he was a courier and received a 25 percent discount for early guilty pleas, the Form 1 matters warranted upward pressure, the offending while subject to an Intensive Correction Order and bail aggravated overall criminality, and his rehabilitation prospects were uncertain. Special circumstances justified a non-parole period lower than the ordinary ratio, and the sentence was backdated to 2 June...

Court Disposition

Convicted and sentenced to an aggregate term of imprisonment of 4 years 2 months with a non-parole period of 2 years 6 months. Special circumstances were found.

Orders

  • ['Aggregate head sentence of 4 years 2 months commencing on 2 June 2021 and expiring on 1 August 2025.' 'Non-parole period of 2 years 6 months expiring on 1 December 2023.' 'Indicative sentence for possess unauthorised firearm: 36 months with a non-parole period of 21 months, with the Form 1 taken into account.'...