R v VUONG [2022] NSWDC 224

R v VUONG [2022] NSWDC 224

The offence was serious because the offender supplied almost twice the minimum large commercial quantity of methylamphetamine, in repeated supplies of significant amounts and relatively high purity, for financial gain, using direct communications and taking the risk of meeting the undercover officer. Her role was below that of her co-offenders but was not merely street-level supply; the supply was low-level wholesale and below a notional midrange offence but not near the bottom. The Form 1 proceeds offence had no additional impact because the cash was generated by the supply transactions. The offender's prior similar large commercial supply conviction, offending while on parole, limited...

Jurisdiction
Australia
Judgment Date
25 March 2022
Procedural Posture
Criminal Sentence / Sentencing After Guilty Plea, With a Form 1 Offence Taken Into Account
Outcome
The offender was convicted and sentenced to nine years imprisonment, consisting of a non-parole period of six years and a balance of term of three years.
Legal Topics
['supply of Prohibited Drug' 'large Commercial Quantity of Methylamphetamine' 'proceeds of Crime' 'plea of Guilty' 'prior Convictions' 'conditional Liberty' 'non Parole Period']
['criminal Law' 'sentencing'] ['supply of Prohibited Drug' 'large Commercial Quantity of Methylamphetamine' 'proceeds of Crime' 'plea of Guilty' 'prior Convictions' 'conditional Liberty' 'non Parole Period']

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Procedural Posture

Criminal Sentence / Sentencing After Guilty Plea, With a Form 1 Offence Taken Into Account

Legal Issues

  1. 1 ['What sentence should be imposed for supplying 915.88 grams of methylamphetamine, being not less than the large commercial quantity applicable to that prohibited drug.' 'What weight should be given to the Form 1 offence of dealing with $7,050 in proceeds of crime.' 'How the objective seriousness of the drug supply offence should be assessed, including quantity, purity, role, planning, financial gain and use of encrypted messaging.' "What effect the offender's prior similar offending and commission of the offence while on parole should have on sentence." 'What allowance should be made for the early guilty plea, COVID-19 custody conditions, special circumstances and sentence commencement.']

Ratio Decidendi

The offence was serious because the offender supplied almost twice the minimum large commercial quantity of methylamphetamine, in repeated supplies of significant amounts and relatively high purity, for financial gain, using direct communications and taking the risk of meeting the undercover officer. Her role was below that of her co-offenders but was not merely street-level supply; the supply was low-level wholesale and below a notional midrange offence but not near the bottom. The Form 1 proceeds offence had no additional impact because the cash was generated by the supply transactions. The offender's prior similar large commercial supply conviction, offending while on parole, limited...

Court Disposition

The offender was convicted and sentenced to nine years imprisonment, consisting of a non-parole period of six years and a balance of term of three years.

Orders

  • ['Impose a sentence of imprisonment of 9 years, consisting of a non-parole period of 6 years and a balance of term of 3 years.' 'The sentence commences on 25 March 2022 and expires on 24 March 2031.' 'The non-parole period expires on 24 March 2028.']