R v Nguyen [2006] NSWDC 1

New South Wales District Court

CITATION: R v Nguyen [2006] NSWDC 1

HEARING DATE(S): 4 August 2006

JUDGMENT DATE: 4 August 2006

EX TEMPORE JUDGMENT DATE : 08/04/2006

JUDGMENT OF: Berman SC DCJ

DECISION: The sentence of imprisonment will commence on 16 May 2006. I impose a head sentence of four years and set a non-parole period of two years. The non-parole period will expire on 15 May 2008.

CATCHWORDS: Criminal Law - Import - Methylamphetamine - Hardship to Third Parties - Sentence

LEGISLATION CITED: Crimes Act 1914 (Cwth) Customs Act 1901

R v Sarca, unreported, CCA(NSW) 11 May 1993 R v T (1990) 47 A Crim R 29 CASES CITED: R v Byrne (1998) 104 A Crim R 456 R v Bednarz [2000] NSWCCA 533 R v Girard [2004] NSWCCA 170 R v X [2004] NSWCCA 193

PARTIES: Crown Nhu Mai Huynh Nguyen (offender)

FILE NUMBER(S): 05/11/0905

COUNSEL: N Steel (offender)

SOLICITORS: Commonwealth DPP (Crown) Legal Aid Commission (Offender)

Sentence

1 HIS HONOUR: On Friday 29 April 2005 the offender arrived back at Sydney Kingsford Smith Airport from Vietnam. Her bags were searched. A customs officer discovered some towels in a plastic bag. The towels appeared to be heavy and stiff. Suspicions were aroused. Presumptive tests proved positive for the presence of methylamphetamine. The offender was arrested and a further analysis of the towels was conducted. It was discovered that the towels had been laced with methylamphetamine. The total weight of pure methylamphetamine contained in the towels was 537.2 grams. There is evidence to suggest that the wholesale value of that quantity of pure methylamphetamine was about $90,000 with a street value of $160,000. Thus the offender had in her possession when she returned to Australia from Vietnam a significant quantity of methylamphetamine.