R v Nguyen [2014] NSWDC 357

R v Nguyen [2014] NSWDC 357

The offender supplied 2.98 kilograms of high-purity methylamphetamine and played a significant internal courier role enabling wider distribution, but his objective involvement was somewhat less than Mr Birnie's because he had less time to contemplate the offence, was to receive less remuneration and was a permanent resident with a legitimate reason to be in Australia. The offending was below the middle range of objective seriousness for the offence. Taking into account the maximum penalty, standard non-parole period, parity, the offender's plea, remorse, limited prior record, good rehabilitation prospects and special circumstances requiring supervision, the appropriate starting point was...

Jurisdiction
Australia
Judgment Date
26 September 2014
Procedural Posture
Criminal Sentence for Supply of a Prohibited Drug / Sentence Following Plea of Guilty and Committal for Sentence
Outcome
Offender convicted and sentenced to imprisonment for 6 years with a non-parole period of 3 years and 3 months.
Legal Topics
['supply of Prohibited Drug' 'large Commercial Quantity of Methylamphetamine' 'plea of Guilty' 'parity in Sentencing' 'standard Non Parole Period' 'special Circumstances' 'internal Courier']
['criminal Law' 'sentencing' 'drug Offences'] ['supply of Prohibited Drug' 'large Commercial Quantity of Methylamphetamine' 'plea of Guilty' 'parity in Sentencing' 'standard Non Parole Period' 'special Circumstances' 'internal Courier']

Case Brief

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Procedural Posture

Criminal Sentence for Supply of a Prohibited Drug / Sentence Following Plea of Guilty and Committal for Sentence

Legal Issues

  1. 1 ['What sentence should be imposed for supplying 2.98 kilograms of methylamphetamine, a large commercial quantity.' "Whether the offender's role should be characterised as an internal courier rather than a principal distributor." 'How parity with the sentence imposed on co-accused Mr Birnie should affect sentence.' 'Whether the offender was entitled to a 25% discount for a plea of guilty at the first reasonable opportunity.' 'Whether special circumstances justified a longer balance of sentence for supervision on parole.']

Ratio Decidendi

The offender supplied 2.98 kilograms of high-purity methylamphetamine and played a significant internal courier role enabling wider distribution, but his objective involvement was somewhat less than Mr Birnie's because he had less time to contemplate the offence, was to receive less remuneration and was a permanent resident with a legitimate reason to be in Australia. The offending was below the middle range of objective seriousness for the offence. Taking into account the maximum penalty, standard non-parole period, parity, the offender's plea, remorse, limited prior record, good rehabilitation prospects and special circumstances requiring supervision, the appropriate starting point was...

Court Disposition

Offender convicted and sentenced to imprisonment for 6 years with a non-parole period of 3 years and 3 months.

Orders

  • ['Giang Nam Nguyen is convicted of supplying a prohibited drug.' 'The offender is sentenced to a non-parole period of 3 years and 3 months commencing on 5 June 2013 and expiring on 4 September 2016.' 'A balance of sentence of 2 years and 9 months is imposed, expiring on 4 June 2019.' 'The charge of possess...