R v Nguyen; R v Pham [2010] NSWCCA 238

R v Nguyen; R v Pham [2010] NSWCCA 238

The original sentences imposed on each Respondent were manifestly inadequate given the high level of criminality, large quantities of drugs, and responsible roles each played in the importation scheme, as measured against established sentencing ranges and principles for federal drug matters. The Court held that in light of errors in fact and insufficient weight given to the seriousness and roles of the offenders, the sentences should be set aside and appropriate sentences imposed on resentencing.

Parties
Applicant: Regina; Respondent: Hai Van Nguyen; Respondent: Phuong Thu Thi Pham
Jurisdiction
Australia
Judgment Date
22 October 2010
Procedural Posture
Crown Appeal in the Court of Criminal Appeal / Appeal Against Sentence
Outcome
Crown appeals allowed; sentences set aside; Respondents resentenced.
Legal Topics
Sentencing, Importation of Border Controlled Drugs, Attempted Possession of Unlawfully Imported Drugs, Crown Appeals, Manifest Inadequacy of Sentence
Criminal Law Sentencing Importation of Border Controlled Drugs Attempted Possession of Unlawfully Imported Drugs Crown Appeals Manifest Inadequacy of Sentence

Case Brief

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Parties

Regina

Applicant

Hai Van Nguyen

Respondent

Phuong Thu Thi Pham

Respondent

Procedural Posture

Crown Appeal in the Court of Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentences imposed on each Respondent were manifestly inadequate for serious drug importation and attempted possession offences under Commonwealth law.
  2. 2 Whether sentencing errors occurred concerning the assessment of the quantity of drugs and roles of the offenders.
  3. 3 How comparative sentencing data and principles apply to these federal drug offences.

Ratio Decidendi

The original sentences imposed on each Respondent were manifestly inadequate given the high level of criminality, large quantities of drugs, and responsible roles each played in the importation scheme, as measured against established sentencing ranges and principles for federal drug matters. The Court held that in light of errors in fact and insufficient weight given to the seriousness and roles of the offenders, the sentences should be set aside and appropriate sentences imposed on resentencing.

Court Disposition

Crown appeals allowed; sentences set aside; Respondents resentenced.

Orders

  • Hai Van Nguyen: Sentences imposed on 6 November 2009 set aside; resentenced to imprisonment for 16 years for importing a commercial quantity of cocaine (taking into account s.16BA schedule offences) commencing 19 May 2008 to 18 May 2024, and 16 years for importing methamphetamine commencing 19 May 2010 to 18 May...
  • Phuong Thu Thi Pham: Sentence imposed on 10 December 2009 set aside; resentenced to imprisonment for 15 years (taking into account s.16BA schedule offence) commencing 19 May 2008 to 18 May 2023; non-parole period of 10 years from 19 May 2008 to 18 May 2018.