Regina v Thanh Dung Nguyen [2007] NSWDC 330

Regina v Thanh Dung Nguyen [2007] NSWDC 330

A head sentence of nine and a half years with a non-parole period of six years was appropriate because the offender supplied more than twice the large commercial quantity of heroin, initiated contact to make money, intended to facilitate community distribution, planned the concealment and had previously delivered illegal drugs, although his role was that of a courier, he had no prior convictions, had led an exemplary life, pleaded guilty at the earliest opportunity attracting a 25% discount, showed limited contrition, and had rehabilitation prospects and other factors amounting to special circumstances.

Jurisdiction
Australia
Judgment Date
20 April 2007
Procedural Posture
Criminal Sentencing for Supply of a Prohibited Drug After Plea of Guilty / Sentence Following Committal for Sentence From Liverpool Local Court
Outcome
Sentence of imprisonment for nine years and six months with a non-parole period of six years.
Legal Topics
['supply of a Large Commercial Quantity of Heroin' 'drug Courier' 'plea of Guilty' 'standard Non Parole Period' 'special Circumstances' 'contrition and Rehabilitation']
['criminal Law' 'sentencing' 'drug Offences'] ['supply of a Large Commercial Quantity of Heroin' 'drug Courier' 'plea of Guilty' 'standard Non Parole Period' 'special Circumstances' 'contrition and Rehabilitation']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentencing for Supply of a Prohibited Drug After Plea of Guilty / Sentence Following Committal for Sentence From Liverpool Local Court

Legal Issues

  1. 1 ['What sentence should be imposed for supplying 2.1123 kilograms of heroin, more than twice the large commercial quantity' "How the offender's role as a courier, planning, prior drug run, financial motivation, good character, plea of guilty, contrition and rehabilitation affected sentence" 'Whether special circumstances justified reducing the non-parole period below the statutory proportion']

Ratio Decidendi

A head sentence of nine and a half years with a non-parole period of six years was appropriate because the offender supplied more than twice the large commercial quantity of heroin, initiated contact to make money, intended to facilitate community distribution, planned the concealment and had previously delivered illegal drugs, although his role was that of a courier, he had no prior convictions, had led an exemplary life, pleaded guilty at the earliest opportunity attracting a 25% discount, showed limited contrition, and had rehabilitation prospects and other factors amounting to special circumstances.

Court Disposition

Sentence of imprisonment for nine years and six months with a non-parole period of six years.

Orders

  • ['The offender is sentenced to an overall sentence of nine and a half years with a non-parole period of six years.' 'The sentence of imprisonment is taken to have commenced on 20 August 2006.' 'The earliest day on which the offender appears eligible to be released on parole is 19 August 2012.']