R v Nguyen [2022] NSWDC 735

R v Nguyen [2022] NSWDC 735

Given the offender's age, lack of criminal history, family circumstances, prospects for rehabilitation, and plea of guilty, a reduced sentence and non-parole period were appropriate, balancing deterrence and rehabilitation for supplying a commercial quantity of cannabis contrary to s 25(2) of the Drug Misuse and Trafficking Act 1985 (NSW).

Parties
Prosecutor: Rex (Crown); Offender: Duc Toan Nguyen
Jurisdiction
Australia
Judgment Date
09 December 2022
Procedural Posture
Criminal / Sentence
Outcome
conviction and sentence
Legal Topics
Drug Offences, Sentencing, Supply of Prohibited Drug, Commercial Quantity
Criminal Law Drug Offences Sentencing Supply of Prohibited Drug Commercial Quantity

Case Brief

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Parties

Rex (Crown)

Prosecutor

Duc Toan Nguyen

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 What is the appropriate sentence for supplying a prohibited drug in a commercial quantity in contravention of s 25(2) of the Drug Misuse and Trafficking Act 1985 (NSW)?
  2. 2 Are there any mitigating or aggravating factors relevant to sentencing?
  3. 3 Should a non-parole period less than 75% of the term be fixed due to special circumstances?

Ratio Decidendi

Given the offender's age, lack of criminal history, family circumstances, prospects for rehabilitation, and plea of guilty, a reduced sentence and non-parole period were appropriate, balancing deterrence and rehabilitation for supplying a commercial quantity of cannabis contrary to s 25(2) of the Drug Misuse and Trafficking Act 1985 (NSW).

Court Disposition

conviction and sentence

Orders

  • Duc Toan Nguyen sentenced to 2 years and 8 months imprisonment with a non-parole period of 1 year and 4 months, commencing 24 August 2022.
  • Non-parole period expires 23 December 2023, balance of sentence expires 23 April 2025.