R v Victor Hoang Tran NGO [2022] NSWDC 271

District Court New South Wales

Medium Neutral Citation: R v Victor Hoang Tran NGO [2022] NSWDC 271 Hearing dates: 11 March 2022; 6 May 2022; 15 July 2022 Decision date: 15 July 2022 Jurisdiction: Criminal Before: NOMAN SC DCJ Decision: The offender is convicted of the three offences for sentence. Aggregate sentence imposed. Each indicative sentence is reduced by 25% to reflect the pleas. The following indicative sentences are nominated: Count 1: Supply not less than the large commercial quantity of MDMA, taking into account the offence listed on the form 1: 7 ½ years imprisonment with a non-parole period of 4 ½ years. This is a ratio of 60%. Count 2: Offer to supply not less than the large commercial quantity of MDMA: 3 years imprisonment with a non-parole period of 1 year and 9 months. This is a ratio of 58%. Count 3: Supply not less than the large commercial quantity of heroin: 6 years imprisonment with a non-parole period of 3 years and 7 months. This is a ratio of 60%. The sentence imposed is 9 years imprisonment with a non-parole period of 5 years and 5 months to date from 20 March 2021. The offender is eligible for release to parole on 19 August 2026. This is a variation to the statutory ratio to 60% to give effect to my finding of special circumstances. Catchwords: SENTENCING — Supply prohibited drug - Relevant factors on sentence — Moral culpability – objective seriousness - Quasi custody – mental health issues - deterrence – co-offenders – penalties – imprisonment – plea of guilty – drug use. Legislation Cited: Drug Misuse and Trafficking Act (NSW) 1985; Crimes Act (NSW) 1900 Category: Sentence Parties: R; Victor Hoang Tran NGO. Representation: Counsel: Crown: Ms Nightingale Defence: Mr Thangaraj SC / Ms C Nguyen Solicitors: Crown: Mr Brown Defence: Mr Tlais File Number(s): 2020/194870