R v Nguyen and Tek [2023] NSWDC 582

District Court New South Wales

Medium Neutral Citation: R v Nguyen and Tek [2023] NSWDC 582 Hearing dates: 21/9/23 Date of orders: 21/9/23 Decision date: 21 September 2023 Jurisdiction: Criminal Before: Bourke SC DCJ Decision: Re Tek: Seq 1 (Supply commercial qty prohibited drug) - Convicted and sentenced to a term of imprisonment of 22 months, to be served by way of Intensive Correction Order. A 25 percent discount has been taken into account. In addition to the standard conditions, the following conditions are to apply: 1. You are not to consume illicit drugs or any other prescription drug other than those prescribed for you by a medical practitioner. 2. You are to engage in counselling or other psychological treatment as directed by Community Corrections. 3. Complete 200 hours Community Service. You are to report to the Fairfield office of Community Corrections within 24 hours to enable the ICO to be commenced. Re Nguyen: Convicted and sentenced to an aggregate term of imprisonment of 6 years 6 months with a NPP of 4 years 6 months (15/7/22-14/1/27). I find special circumstances. The indicative sentences are (25 percent discount taken into account): Seq 1 (Arson) – 2 years 3 months Seq 2 (Arson) – 2 years 7 months Seq 4 (Arson) – 2 years 7 months (Form 1 taken into account). Seq 5 on the s166 certificate (Arson) – 14 months Seq 1 Supply commercial qty prohibited drug – 2 years with NPP 16 months. Catchwords: Crime – Sentence – Damage property by fire – Arson – Supply commercial quantity prohibited drug Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986 Cases Cited: Bugmy v The Queen (2013) 249 CLR 571 CDPP v De La Rosa [2010] NSWCCA 194 Porter v R [2008] NSWCCA 145 R v Millwood [2012] NSWCCA 2 Tiknius v R [2011] NSWCCA 215 Category: Sentence Parties: NSW DPP – Crown Richard Nguyen – Offender Justin Tek - Offender Representation: Ms Todhunter for Crown Mr R Webb for Nguyen Mr A Dib for Tek File Number(s): 22/229343, 22/207935, 22/207907, 22/207865 Publication restriction: None