NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v NGUYEN [2023] NSWDC 318 Hearing dates: 15 August 2023 Decision date: 17 August 2023 Jurisdiction: Criminal Before: NOMAN SC DCJ Decision: The ICO imposed on 22 April 2022 is revoked. A fixed term sentence of 12 months is imposed, to date from 7 August 2022; The offender is convicted of the aggravated break and enter offence. The sentence imposed is one of 3 years with a non-parole period of 18 months to date from 7 November 2022. The non-parole period expires on 6 May 2024 and the term expires on 6 November 2025; This variation to the statutory ratio to 50% gives effect to a finding of special circumstances. No lesser sentence would address the offending. The overall sentence, including those imposed in the Local Court, is one of 3 years and 5 months with an overall non-parole period of 1 year 11 months, resulting in a ratio of 56%. Catchwords: SENTENCING – state offences - aggravated break and enter with intent to steal – breach of Commonwealth ICO – failure to comply with sentence – revocation of Commonwealth ICO - imprisonment Legislation Cited: s 400.9(1); 400.9(1A) Criminal Code Act 1995 (Commonwealth) s 142(1) Anti-money Laundering and Counter-Terrorism Financing Act 2006 (Commonwealth) s 113(2) Crimes Act 1900 (NSW) Category: Sentence Parties: Rex; Quy Thanh NGUYEN Representation: Counsel: Defence: Ms Ghabrial
Solicitors: Crown (State DPP): Mr Leach Crown (Commonwealth DPP): Mr Healy File Number(s): 2022/165486; 2016/228196
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