R v HUNG; R v DUONG [2022] NSWDC 501

R v HUNG; R v DUONG [2022] NSWDC 501

Both offenders committed serious large commercial methylamphetamine supply offences for financial gain, but their offending was considerably below mid-range objective seriousness. Hung's role was more limited than Duong's, and Duong's role was similar to but a little below Vuong's. Both received a 25% discount for early guilty pleas. The Form 1 offences had limited or no real impact. Duong's limited record and rehabilitation prospects, and Hung's remorse, health conditions, onerous custody and rehabilitation prospects, justified lesser sentences than Vuong and findings of special circumstances. Each offender was convicted and sentenced to six and a half years imprisonment, with different...

Jurisdiction
Australia
Judgment Date
09 June 2022
Procedural Posture
Criminal Sentencing for Supply of a Large Commercial Quantity of Prohibited Drug / Sentence After Guilty Pleas
Outcome
Both offenders were convicted and sentenced to imprisonment for six and a half years, backdated to commence on 18 March 2021.
Legal Topics
['supply Prohibited Drug' 'large Commercial Quantity of Methylamphetamine' 'co Offender Parity' 'subjective Considerations' 'health Issues in Sentencing' 'special Circumstances' 'form 1 Offences']
['criminal Law' 'sentencing' 'drug Offences'] ['supply Prohibited Drug' 'large Commercial Quantity of Methylamphetamine' 'co Offender Parity' 'subjective Considerations' 'health Issues in Sentencing' 'special Circumstances' 'form 1 Offences']

Case Brief

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Procedural Posture

Criminal Sentencing for Supply of a Large Commercial Quantity of Prohibited Drug / Sentence After Guilty Pleas

Legal Issues

  1. 1 ['What sentences should be imposed on Thanh Quang Duong and Mai Van Hung for supplying large commercial quantities of methylamphetamine after pleas of guilty.' "How to assess the objective seriousness of each offender's conduct, including drug quantity, purity, planning, financial gain and role in the supply hierarchy." 'How parity with the co-offender Vuong should affect sentence.' 'What weight should be given to subjective matters including criminal history, remorse, rehabilitation prospects, health conditions, COVID-19 custody conditions and special circumstances.' 'What impact the Form 1 offences should have on sentence.']

Ratio Decidendi

Both offenders committed serious large commercial methylamphetamine supply offences for financial gain, but their offending was considerably below mid-range objective seriousness. Hung's role was more limited than Duong's, and Duong's role was similar to but a little below Vuong's. Both received a 25% discount for early guilty pleas. The Form 1 offences had limited or no real impact. Duong's limited record and rehabilitation prospects, and Hung's remorse, health conditions, onerous custody and rehabilitation prospects, justified lesser sentences than Vuong and findings of special circumstances. Each offender was convicted and sentenced to six and a half years imprisonment, with different...

Court Disposition

Both offenders were convicted and sentenced to imprisonment for six and a half years, backdated to commence on 18 March 2021.

Orders

  • ['Thanh Quang Duong: six and a half years imprisonment, consisting of a non-parole period of four years and a balance of term of two and a half years; the sentence commences on 18 March 2021 and expires on 17 September 2027; the non-parole period expires on 17 March 2025.' 'Mai Van Hung: six and a half years...