R v Nguyen [2021] NSWDC 791

R v Nguyen [2021] NSWDC 791

Given the offender’s lack of implication in the underlying drug offences, the absence of evidence demonstrating her non-compliance materially impeded police investigations, her plea of guilty and remorse, absence of relevant prior convictions, and strong prospects of rehabilitation, the offending, though serious in context, falls at the lower end of the range. A custodial sentence is warranted but immediate release on recognisance, subject to conditions, is appropriate.

Jurisdiction
Australia
Judgment Date
24 November 2021
Procedural Posture
Criminal / Sentence
Outcome
Convicted and sentenced to two years imprisonment; released forthwith on recognisance with conditions.
Legal Topics
['sentencing' 'contravention of Order Under S 3 LA Crimes Act 1914 (cth)' 'recognisance Release Order' 'objective Seriousness' 'deterrence']
['criminal Law'] ['sentencing' 'contravention of Order Under S 3 LA Crimes Act 1914 (cth)' 'recognisance Release Order' 'objective Seriousness' 'deterrence']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['What is the appropriate sentence for contravening an order under s 3LA(6) of the Crimes Act 1914 (Cth)?' 'How serious is the offender’s failure to comply with the order in the context of the underlying investigation?']

Ratio Decidendi

Given the offender’s lack of implication in the underlying drug offences, the absence of evidence demonstrating her non-compliance materially impeded police investigations, her plea of guilty and remorse, absence of relevant prior convictions, and strong prospects of rehabilitation, the offending, though serious in context, falls at the lower end of the range. A custodial sentence is warranted but immediate release on recognisance, subject to conditions, is appropriate.

Court Disposition

Convicted and sentenced to two years imprisonment; released forthwith on recognisance with conditions.

Orders

  • ['The offender is convicted of the offence.' "A sentence of two years' imprisonment commencing 24 November 2021." 'Pursuant to s 20(1)(b) Crimes Act 1914 (Cth), the offender is to be released forthwith on condition she enters into a $100 self-recognisance.' 'She is to be of good behaviour for two years.' 'She is to...