R v Nguyen [2023] NSWDC 288

R v Nguyen [2023] NSWDC 288

The appropriate disposition for Joey Nguyen, having pleaded guilty to multiple serious drug offences and being a trusted middleman with high moral culpability but with mitigating features including trauma and positive prospects of some rehabilitation, is an aggregate sentence of 11 years and 6 months imprisonment with a non-parole period of 7 years and 6 months, finding special circumstances and backdating to reflect time in custody.

Parties
Crown: NSW DPP; Offender: Joey Nguyen
Jurisdiction
Australia
Judgment Date
03 July 2023
Procedural Posture
Criminal / Sentence
Outcome
Aggregate sentence of imprisonment imposed; orders made under s.53A Crimes (Sentencing Procedure) Act 1999; finding of special circumstances.
Legal Topics
Sentencing, Drug Offences, Aggregate Sentence, Supply Large Commercial Quantity, Moral Culpability, Objective Seriousness
Criminal Law Sentencing Drug Offences Aggregate Sentence Supply Large Commercial Quantity Moral Culpability Objective Seriousness

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Parties

NSW DPP

Crown

Joey Nguyen

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for multiple drug offences including supply large commercial quantity of heroin and manufacture of prohibited drugs
  2. 2 Assessment of offender's role and moral culpability
  3. 3 Effect of personal circumstances, remorse, and rehabilitation prospects on sentence

Ratio Decidendi

The appropriate disposition for Joey Nguyen, having pleaded guilty to multiple serious drug offences and being a trusted middleman with high moral culpability but with mitigating features including trauma and positive prospects of some rehabilitation, is an aggregate sentence of 11 years and 6 months imprisonment with a non-parole period of 7 years and 6 months, finding special circumstances and backdating to reflect time in custody.

Court Disposition

Aggregate sentence of imprisonment imposed; orders made under s.53A Crimes (Sentencing Procedure) Act 1999; finding of special circumstances.

Orders

  • Individual indicative sentences: Sequence 1 – 10 years (non-parole: 6 years 6 months); Sequence 3 – 9 years (non-parole: 5 years 10 months); Sequence 18 – 7 years (non-parole: 4 years 6 months); Sequence 19 – 4 years 6 months.
  • Aggregate sentence of 11 years 6 months imprisonment from 15 October 2022 to 14 April 2034.