R v Nguyen [2020] NSWDC 891

R v Nguyen [2020] NSWDC 891

The offending required full-time custody because it involved multiple serious offences against three victims, including unprovoked public attacks using scissors, while the offender was on parole and had a significant record including prior reckless wounding in company. The pleas of guilty warranted a 25% discount, and remorse, deprived upbringing, substance use disorder, treatment needs, and guarded rehabilitation prospects were considered. However, the offender's voluntary and knowing intoxication did not materially reduce moral culpability. Applying totality and allowing for special circumstances, an aggregate sentence of 3 years imprisonment with a non-parole period of 2 years was...

Jurisdiction
Australia
Judgment Date
11 December 2020
Procedural Posture
Criminal Sentencing / Sentence Following Pleas of Guilty
Outcome
The offender was convicted of each offence and sentenced to an aggregate term of imprisonment of 3 years with a non-parole period of 2 years.
Legal Topics
['reckless Wounding in Company' 'assault Occasioning Actual Bodily Harm in Company' 'assault With Intent to Rob' 'plea of Guilty' 'breach of Conditional Liberty' 'prior Convictions' 'drug Addiction' 'rehabilitation' 'special Circumstances' 'aggregate Sentence']
['criminal Law' 'sentencing'] ['reckless Wounding in Company' 'assault Occasioning Actual Bodily Harm in Company' 'assault With Intent to Rob' 'plea of Guilty' 'breach of Conditional Liberty' 'prior Convictions' 'drug Addiction' 'rehabilitation' 'special Circumstances' 'aggregate Sentence']

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Procedural Posture

Criminal Sentencing / Sentence Following Pleas of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for multiple offences committed after pleas of guilty.' 'How objective seriousness should be assessed for the reckless wounding, assault occasioning actual bodily harm, and assault with intent to rob offences.' 'What weight should be given to aggravating factors including conditional liberty, prior convictions, and offending without regard for public safety.' 'What weight should be given to mitigating factors including the pleas of guilty, remorse, deprived upbringing, substance use disorder, asserted PTSD, rehabilitation prospects, and special circumstances.' 'How totality and the sentences of co-offenders should be taken into account.']

Ratio Decidendi

The offending required full-time custody because it involved multiple serious offences against three victims, including unprovoked public attacks using scissors, while the offender was on parole and had a significant record including prior reckless wounding in company. The pleas of guilty warranted a 25% discount, and remorse, deprived upbringing, substance use disorder, treatment needs, and guarded rehabilitation prospects were considered. However, the offender's voluntary and knowing intoxication did not materially reduce moral culpability. Applying totality and allowing for special circumstances, an aggregate sentence of 3 years imprisonment with a non-parole period of 2 years was...

Court Disposition

The offender was convicted of each offence and sentenced to an aggregate term of imprisonment of 3 years with a non-parole period of 2 years.

Orders

  • ['Long Nguyen is convicted of each offence.' 'Taking into account the 25% discount for the pleas of guilty, the indicative sentence for reckless wounding in company is 27 months with a non-parole period of 18 months.' 'Taking into account the 25% discount for the pleas of guilty, the indicative sentence for the...