R v Hong Phong LE [2008] NSWDC 320

R v Hong Phong LE [2008] NSWDC 320

The offender’s conduct as Kenny’s right-hand man in a successful syndicate importing and trafficking heroin and methylamphetamine was extremely serious and approached the category warranting life imprisonment, particularly on count two. However, because he pleaded guilty early, provided substantial and valuable assistance to authorities, undertook to assist future prosecutions, faced harsh custody conditions and threats, and demonstrated contrition and rehabilitation, the court applied a fifty percent discount. Because counts one and three substantially overlapped with count two, the court imposed fixed terms on those counts and did not accumulate the sentences.

Jurisdiction
Australia
Judgment Date
25 September 2008
Procedural Posture
Criminal Sentence / Sentence After Pleas of Guilty
Outcome
Sentenced to imprisonment with an effective overall sentence consisting of a non-parole period of 9 years and a total term of 13 years 6 months.
Legal Topics
['sentence' 'conspiracy to Import Prohibited Imports' 'trafficable Quantity of Heroin' 'methylamphetamine' 'commercial Quantity' 'assistance to Authorities' 'money Intended to Become an Instrument of Crime']
['criminal Law'] ['sentence' 'conspiracy to Import Prohibited Imports' 'trafficable Quantity of Heroin' 'methylamphetamine' 'commercial Quantity' 'assistance to Authorities' 'money Intended to Become an Instrument of Crime']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentence / Sentence After Pleas of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for three serious conspiracy offences involving importation and trafficking of heroin and methylamphetamine and dealing with money intended to become an instrument of crime.' 'Whether and to what extent the sentence should be discounted for early pleas of guilty and substantial assistance to authorities under s 21E of the Commonwealth Crimes Act.' 'Whether the sentences for the three counts should be accumulated given the overlap between the offences.']

Ratio Decidendi

The offender’s conduct as Kenny’s right-hand man in a successful syndicate importing and trafficking heroin and methylamphetamine was extremely serious and approached the category warranting life imprisonment, particularly on count two. However, because he pleaded guilty early, provided substantial and valuable assistance to authorities, undertook to assist future prosecutions, faced harsh custody conditions and threats, and demonstrated contrition and rehabilitation, the court applied a fifty percent discount. Because counts one and three substantially overlapped with count two, the court imposed fixed terms on those counts and did not accumulate the sentences.

Court Disposition

Sentenced to imprisonment with an effective overall sentence consisting of a non-parole period of 9 years and a total term of 13 years 6 months.

Orders

  • ['On counts one and three, fixed terms of imprisonment of 7 years were imposed.' 'On count two, the offender was sentenced to imprisonment for 13 years 6 months dating from 14 December 2006.' 'A non-parole period of 9 years was set, expiring on 13 December 2015, on which date the offender is eligible to be released...