R v Phuong Thanh DO; R v Van Hung DUONG; R v Kenny TRAN; R v Hoang Linh NGUYEN [2018] NSWDC 194

R v Phuong Thanh DO; R v Van Hung DUONG; R v Kenny TRAN; R v Hoang Linh NGUYEN [2018] NSWDC 194

Sentencing for each offender reflected their role within an organised criminal syndicate supplying commercial and large commercial quantities of methamphetamine and cannabis, the objective and subjective circumstances, the utilitarian value of their early guilty pleas, and the need for general and specific deterrence. Aggregate sentences were used for some offenders to properly reflect total criminality. Orders were also made for proceeds of crime and victim compensation under relevant statutes.

Jurisdiction
Australia
Judgment Date
25 January 2018
Procedural Posture
Criminal / Sentence After Guilty Plea
Outcome
All four offenders sentenced to imprisonment with aggregate or overall terms reflecting each's role and circumstances; additional orders for drug proceeds and victim compensation.
Legal Topics
['sentencing' 'drug Offences' 'supply of Prohibited Drugs' 'aggregate Sentences' 'form 1 Offences' 'organised Criminal Activity']
['criminal Law'] ['sentencing' 'drug Offences' 'supply of Prohibited Drugs' 'aggregate Sentences' 'form 1 Offences' 'organised Criminal Activity']

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Procedural Posture

Criminal / Sentence After Guilty Plea

Legal Issues

  1. 1 ['Appropriate sentences for four co-offenders pleading guilty to commercial and large commercial drug supply charges and associated offences' 'Assessment of roles and culpability for each offender within an organised syndicate' 'Consideration of aggravating and mitigating factors, including prior criminal history and prospects of rehabilitation']

Ratio Decidendi

Sentencing for each offender reflected their role within an organised criminal syndicate supplying commercial and large commercial quantities of methamphetamine and cannabis, the objective and subjective circumstances, the utilitarian value of their early guilty pleas, and the need for general and specific deterrence. Aggregate sentences were used for some offenders to properly reflect total criminality. Orders were also made for proceeds of crime and victim compensation under relevant statutes.

Court Disposition

All four offenders sentenced to imprisonment with aggregate or overall terms reflecting each's role and circumstances; additional orders for drug proceeds and victim compensation.

Orders

  • ['Phuong Thanh DO: Aggregate term of 8 years (NPP 5 years, parole 3 years); indicative sentences: 4 years overall (2.5 years NPP), 6 years overall (4 years NPP); drug proceeds order $3,000.' 'Van Hung DUONG: 7 years (NPP 4 years, parole 3 years).' 'Kenny TRAN: 6 years (NPP 3 years, parole 3 years).' 'Hoang Linh...