R v Vang Vinh TANG [2021] NSWDC 729

R v Vang Vinh TANG [2021] NSWDC 729

The only appropriate sentence for the two supply offences—each involving not less than a large commercial quantity of MDMA and heroin—is a term of full time imprisonment, with indicated sentences for each offence to be aggregated and reduced by 25% for the plea, and a finding of special circumstances justifying a variation to the statutory non-parole period ratio. The aggregate sentence imposed is 5 years imprisonment with a non-parole period of 3 years and 4 months from 1 July 2020.

Jurisdiction
Australia
Judgment Date
14 December 2021
Procedural Posture
Criminal / Sentencing
Outcome
Conviction; sentence of full time imprisonment imposed.
Legal Topics
['sentencing' 'supply of Prohibited Drugs' 'large Commercial Quantity' 'penalties' 'pleas of Guilty']
['criminal Law'] ['sentencing' 'supply of Prohibited Drugs' 'large Commercial Quantity' 'penalties' 'pleas of Guilty']

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 / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for supplying not less than large commercial quantity of MDMA and heroin' 'Assessment of objective seriousness of the offences' 'Consideration of special circumstances in sentencing']

Ratio Decidendi

The only appropriate sentence for the two supply offences—each involving not less than a large commercial quantity of MDMA and heroin—is a term of full time imprisonment, with indicated sentences for each offence to be aggregated and reduced by 25% for the plea, and a finding of special circumstances justifying a variation to the statutory non-parole period ratio. The aggregate sentence imposed is 5 years imprisonment with a non-parole period of 3 years and 4 months from 1 July 2020.

Court Disposition

Conviction; sentence of full time imprisonment imposed.

Orders

  • ['Offender convicted of both offences for sentence.' 'Aggregate sentence of 5 years imprisonment with a non-parole period of 3 years and 4 months, commencing from 1 July 2020.' 'Offender eligible for release to parole on 31 October 2023.']