R v Duong [2018] NSWDC 447

R v Duong [2018] NSWDC 447

The offence of supplying 37.17 grams of heroin was objectively just below the mid-range, but imprisonment was required because of the seriousness of the drug supply, the offender's significant prior drug offending, the financial-gain and drug-habit purposes, guarded rehabilitation prospects and at least moderate risk of reoffending. The early guilty plea warranted a 25% discount, and special circumstances justified adjustment of the non-parole period for rehabilitation, resulting in a head sentence of three years with a two-year non-parole period.

Jurisdiction
Australia
Judgment Date
28 September 2018
Procedural Posture
Criminal Sentence / Sentencing After Guilty Plea
Outcome
The offender was convicted and sentenced to imprisonment.
Legal Topics
['supply Prohibited Drug' 'form 1 Matters' 'drug Addiction' 'rehabilitation' 'guilty Plea' 'specific and General Deterrence']
['criminal Law' 'sentencing'] ['supply Prohibited Drug' 'form 1 Matters' 'drug Addiction' 'rehabilitation' 'guilty Plea' 'specific and General Deterrence']

Case Brief

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Procedural Posture

Criminal Sentence / Sentencing After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for supplying 37.17 grams of heroin in breach of s25(1) of the Drug Misuse and Trafficking Act 1985.' 'How the five Form 1 matters should be taken into account in sentencing.' "Whether the offender's drug addiction, remorse, guilty plea, prior convictions and rehabilitation prospects affected the sentence." 'Whether imprisonment was warranted and whether special circumstances justified departure from the ordinary statutory ratio for parole and non-parole.']

Ratio Decidendi

The offence of supplying 37.17 grams of heroin was objectively just below the mid-range, but imprisonment was required because of the seriousness of the drug supply, the offender's significant prior drug offending, the financial-gain and drug-habit purposes, guarded rehabilitation prospects and at least moderate risk of reoffending. The early guilty plea warranted a 25% discount, and special circumstances justified adjustment of the non-parole period for rehabilitation, resulting in a head sentence of three years with a two-year non-parole period.

Court Disposition

The offender was convicted and sentenced to imprisonment.

Orders

  • ['The offender is convicted of supply prohibited drug in breach of s 25(1) of the Drug Misuse and Trafficking Act.' 'A non-parole period of two years is imposed, commencing 17 February 2018 and expiring 16 February 2020, at which time the offender will be released on parole.' 'A head sentence of three years is...