R v Hoai Phi Peter Nguyen [2018] NSWDC 425

R v Hoai Phi Peter Nguyen [2018] NSWDC 425

Although the offender had excellent prospects of rehabilitation, remorse, no current criminogenic factors and a very low risk of reoffending, the deliberate supply of 13.5 grams of ecstasy for financial gain required a sentence of imprisonment to reflect condemnation and general deterrence. After a 25% discount for the earliest guilty plea, the appropriate sentence was 18 months imprisonment, suspended under s 12 on a good behaviour bond because of the offender's favourable circumstances and prospects.

Jurisdiction
Australia
Judgment Date
03 March 2018
Procedural Posture
Criminal Sentence for Supply of Prohibited Drug / Sentencing After Guilty Plea
Outcome
Offender convicted and sentenced to 1 year and 6 months imprisonment, with execution suspended under s 12 of the Crimes (Sentencing Procedure) Act 1999 on condition that he enter a good behaviour bond for 1 year and 6 months. Back-up possession charge dismissed by consent. Drug destruction order made. Consent orders...
Legal Topics
['supply of Prohibited Drug' 'ecstasy' 'suspended Sentence' 'good Behaviour Bond' 'general Deterrence' 'guilty Plea Discount']
['criminal Law' 'sentencing'] ['supply of Prohibited Drug' 'ecstasy' 'suspended Sentence' 'good Behaviour Bond' 'general Deterrence' 'guilty Plea Discount']

Case Brief

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Procedural Posture

Criminal Sentence for Supply of Prohibited Drug / Sentencing After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for supplying 13.5 grams of ecstasy at Sydney Olympic Park after an early guilty plea.' 'Whether the custodial sentence should be suspended under s 12 of the Crimes (Sentencing Procedure) Act 1999.']

Ratio Decidendi

Although the offender had excellent prospects of rehabilitation, remorse, no current criminogenic factors and a very low risk of reoffending, the deliberate supply of 13.5 grams of ecstasy for financial gain required a sentence of imprisonment to reflect condemnation and general deterrence. After a 25% discount for the earliest guilty plea, the appropriate sentence was 18 months imprisonment, suspended under s 12 on a good behaviour bond because of the offender's favourable circumstances and prospects.

Court Disposition

Offender convicted and sentenced to 1 year and 6 months imprisonment, with execution suspended under s 12 of the Crimes (Sentencing Procedure) Act 1999 on condition that he enter a good behaviour bond for 1 year and 6 months. Back-up possession charge dismissed by consent. Drug destruction order made. Consent orders...

Orders

  • ['Hoai Phi Nguyen is convicted of supplying 13.5 grams of 3-4 methylene dioxi-methylamphetamine on 13 May 2017 at Sydney Olympic Park.' 'The offender is sentenced to imprisonment for 1 year and 6 months.' 'Under s 12 of the Crimes (Sentencing Procedure) Act 1999, execution of the sentence is suspended.' 'The...