R v Nguyen [2019] NSWDC 905

R v Nguyen [2019] NSWDC 905

Mr Nguyen was sentenced to an aggregate sentence of ten years imprisonment, with a non-parole period of six years, six months, reflecting the seriousness of manufacturing a large commercial quantity of a prohibited drug, supplementary charges of recklessly dealing with proceeds of crime, and distinguishing features from co-accused including significant prior conviction, absence of significant mental illness, and additional charges. Parity principle was applied: he was not to be sentenced more harshly than warranted relative to Mr Tannous, but his additional offending and criminal history justified a greater sentence.

Parties
Crown: Regina; Offender: Loc Phouc Nguyen
Jurisdiction
Australia
Judgment Date
08 November 2019
Procedural Posture
Criminal / Sentencing Decision
Outcome
Convicted and sentenced
Legal Topics
Sentencing, Drug Offences, Proceeds of Crime, Parity, Aggregate Sentences
Criminal Law Sentencing Drug Offences Proceeds of Crime Parity Aggregate Sentences

Case Brief

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Parties

Regina

Crown

Loc Phouc Nguyen

Offender

Procedural Posture

Criminal / Sentencing Decision

Legal Issues

  1. 1 Appropriate sentence for manufacture of large commercial quantity of prohibited drug
  2. 2 Appropriate sentence for recklessly dealing with proceeds of crime
  3. 3 Parity of sentence with co-accused

Ratio Decidendi

Mr Nguyen was sentenced to an aggregate sentence of ten years imprisonment, with a non-parole period of six years, six months, reflecting the seriousness of manufacturing a large commercial quantity of a prohibited drug, supplementary charges of recklessly dealing with proceeds of crime, and distinguishing features from co-accused including significant prior conviction, absence of significant mental illness, and additional charges. Parity principle was applied: he was not to be sentenced more harshly than warranted relative to Mr Tannous, but his additional offending and criminal history justified a greater sentence.

Court Disposition

Convicted and sentenced

Orders

  • Aggregate sentence of ten years imprisonment commencing 14 April 2016 and expiring 13 April 2026, with a non-parole period of six years, six months expiring 13 October 2022.
  • Indicative sentence for count 1 (manufacture large commercial quantity prohibited drug): nine years imprisonment with six years non-parole.