R v Nhu Thi Hong HO, R v Thanh Nhu HO [2007] NSWDC 27

R v Nhu Thi Hong HO, R v Thanh Nhu HO [2007] NSWDC 27

Sentences imposed reflect the offenders' roles as couriers, lack of prior criminal history, expressions of remorse, family hardship, language difficulties, and plea of guilty at an early stage, resulting in head sentences of six years with non-parole periods of three years for each offender, commencing from date of arrest.

Jurisdiction
Australia
Judgment Date
22 February 2007
Procedural Posture
Criminal / Sentencing
Outcome
Offenders convicted and sentenced to six years imprisonment with non-parole period of three years, commencing 29 September 2006.
Legal Topics
['drug Importation' 'sentencing' 'border Controlled Drug' 'heroin' 'courier Involvement' 'family Hardship']
['criminal Law'] ['drug Importation' 'sentencing' 'border Controlled Drug' 'heroin' 'courier Involvement' 'family Hardship']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['appropriate sentence for importing marketable quantity of heroin' 'impact of family hardship on sentence' 'role of offender as courier' 'effect of lack of prior criminal history' 'remorse and rehabilitation prospects']

Ratio Decidendi

Sentences imposed reflect the offenders' roles as couriers, lack of prior criminal history, expressions of remorse, family hardship, language difficulties, and plea of guilty at an early stage, resulting in head sentences of six years with non-parole periods of three years for each offender, commencing from date of arrest.

Court Disposition

Offenders convicted and sentenced to six years imprisonment with non-parole period of three years, commencing 29 September 2006.

Orders

  • ['Head sentence of six years imprisonment for each offender.' 'Non-parole period of three years for each offender.' 'Sentence to commence 29 September 2006.' 'Non-parole period to expire 28 September 2009.' 'Sentence to expire 28 September 2012.' 'Both offenders to be released to parole on 28 September 2009, subject...