R v VUONG [2022] NSWDC 224

District Court New South Wales

Medium Neutral Citation: R v VUONG [2022] NSWDC 224 Hearing dates: 23 March 2022 Date of orders: 25 March 2022 Decision date: 25 March 2022 Jurisdiction: Criminal Before: Buscombe DCJ Decision: Sentence imposed of nine years imprisonment, consisting of a non-parole period of six years and a balance of term of three years. Catchwords: CRIME – Drug offences - Supply prohibited drug – large commercial quantity SENTENCING – Aggravating factors – Record of previous convictions Legislation Cited: Crimes Act 1900 (NSW), s 193B(2) Crimes (Sentencing Procedure) Act 1999 (NSW), s 3A, s 21 Drug Misuse and Trafficking Act 1985 (NSW), s 25(2) Cases Cited: Callaghan v The Queen [1952] 87 CLR 115 Mitchell v R [2021] NSWCCA 306 Valetta v R [2021] NSWCCA 208 Category: Sentence Parties: Director of Public Prosecutions (Crown) Le Thanh Vuong (Offender) Representation: Solicitors: Ms Bhat (Crown) Mr Nguyen (Offender) File Number(s): 2021/00077371

sentence

Introduction 1. The offender is to be sentenced having pleaded guilty to an offence that between 5 January 2021 and 18 March 2021, at Mount Pritchard, she supplied an amount of a prohibited drug, namely 915.88 grams of methylamphetamine, being an amount which was not less than the large commercial quantity applicable to that prohibited drug. That is an offence under s 25(2) of the Drug Misuse and Trafficking Act. It has a maximum penalty of life imprisonment and/or a fine equivalent to 5000 penalty units. There is an applicable standard non-parole period of 15 years in prison. 2. When sentencing the offender for that offence, she acknowledges her guilt in relation to a further offence that is on a Form 1, being an offence that on 18 March 2021 at Cabramatta, the offender dealt with the proceeds of crime, namely $7,050 in Australian currency, knowing that it was the proceeds of crime. That is an offence under s 193B(2) of the Crimes Act.