R v Hoang [2024] NSWDC 621

District Court New South Wales

Medium Neutral Citation: R v Hoang [2024] NSWDC 621 Hearing dates: 13 September 2024, 18 September 2024, 8 November 2024 Date of orders: 22 November 2024 Decision date: 22 November 2024 Jurisdiction: Criminal Before: King SC DCJ Decision: Indicative Sentences: Count 1 (SEQ 1) + FORM 1 x 2 (SEQ 003, 004): 10 years, 6 months with NPP of 7 years. Count 2 (SEQ 008): 4 years with NPP of 2 and a half years. Count 3 (SEQ 006): 3 years. Aggregate Sentence Convicted on each count. Special circumstances found – 1st time in custody and the offender is sentenced to substantial period of imprisonment, the need for significant period of supervision to encourage rehabilitation and return to a law-abiding life in the community. Sentenced to a term of imprisonment for 12 years with a non-parole period of 8 years to commence on 8 December 2022 and to expire on 7 December 2030, upon which date he will become eligible for release to parole, and a balance of term of 4 years to commence on 8 December 2030 and to expire on 7 December 2034. Catchwords: CRIME – Sentencing - knowingly take part in the supply of a large commercial quantity of prohibited drug + Form 1 offences of recklessly deal with proceeds of crime & supply prohibited drug - supply not less than the commercial quantity of a prohibited drug, MDMA - supply an indictable quantity of a prohibited drug, cocaine – objective seriousness – significant, trusted role of offender, whether claim of duress credible – specific and general deterrence - subjective matters Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Drugs (Misuse and Trafficking) Act 1985 Cases Cited: Abbas v R (2013) 231 A Crim R 413 Category: Sentence Parties: Rex Hoang, Dennis Representation: Counsel: Crown: Mr M Coates, ODPP Defence: Ms S Goodwin