Regina v Thanh Dung Nguyen [2007] NSWDC 330

New South Wales District Court

CITATION: Regina v Thanh Dung Nguyen [2007] NSWDC 330

HEARING DATE(S): 9/3/07 and 22/3/07.

JUDGMENT DATE: 20 April 2007

JURISDICTION: District Court of New South Wales

JUDGMENT OF: Cogswell SC DCJ at 1

DECISION: Sentence of imprisonment for nine years and six months with a non-parole period of six years.

CATCHWORDS: Criminal law - Sentence after plea of guilty - Supply large commerical quantity of a prohibited drug - Heroin - Drug courier - No previous convictions - Gambling addiction - Remorse

LEGISLATION CITED: s25(2) Drug Misuse and Trafficking 1985 ss 44, 47, 54B Crimes (Sentencing Procedure) Act 1999

CTC v Regina [2006] NSWCCA 236 Regina v Cassar [1999] NSWCCA 152 CASES CITED: Regina v Chan [1999] NSWCCA 103 Regina v Misiepo [2005] NSWCCA 405 Veen v The Queen (No.2) (1988) 164 CLR 465 Vu v Regina [2006] NSWCCA 188

PARTIES: Regina Thanh Dung Nguyen

FILE NUMBER(S): 06/21/3289

COUNSEL: Mr Bellanto QC for the offender

SOLICITORS: Ms Morkaya for the NSW DPP

JUDGMENT

1. Thanh Dung Nguyen has pleaded guilty to supplying a prohibited drug. It was 2.1123 kilograms of heroin. This is more than twice the large commercial quantity for heroin. The offence was against s25(2) of the Drug Misuse and Trafficking Act 1985. Because it is more than a large commercial quantity, it carries a sentence of life imprisonment pursuant to s33(3)(a) of the same Act. Two backup offences have been transferred to me: possessing a prohibited drug, 2.1123 kilograms of heroin and goods in custody, the amount of $10,000.

2. The offender was committed for sentence on 6 December 2006 from the Liverpool Local Court. The Crown acknowledges that his plea of guilty was entered at the first available opportunity.