R v Hoang [2006] NSWDC 185

New South Wales District Court

CITATION: R v Hoang [2006] NSWDC 185

HEARING DATE(S): 02/11/06

JUDGMENT DATE: 10 November 2006

JURISDICTION: Criminal

JUDGMENT OF: Norrish QC DCJ

DECISION: See para 42.

CATCHWORDS: Criminal Law - Sentencing - Import heroin.

LEGISLATION CITED: Criminal Code Act 1995 Crimes Act 1914 (Cth)

Regina v Olbrich (1999) 199 CLR 270 Siganto v Regina (1998) 194 CLR 656 Cameron v Regina (2002) 1987 ALR 65 R v Thomson & Houlton (2000) 49 NSWLR 383 CASES CITED: Markarian v Regina (2005) 79 ALJR 1048 R v Sharma (2002) 54 NSWLR 300 R v Bernier (1998) 102 A Crim R 44 Wong & Leung v The Queen [1999] NSWCCA 420 R v Studenikin (2004) 60 NSWLR 1 R v Mas Ravadavia (2004) 61 NSWLR 63

PARTIES: Regina Thanh Hung Hoang

FILE NUMBER(S): 06/11/0611

COUNSEL: Mr Ozen - Offender

SOLICITORS: Mr Farah - Commonwealth DPP - Crown Ms Tran - Offender

SENTENCE

1 HIS HONOUR: The offender, Thanh Hung Hoang, appears today for sentence in relation to an offence that he committed on 10 July 2006, contrary to s 307.2 Criminal Code Act 1995. The offence that he committed was importing a marketable quantity of border controlled drug and the particulars of that offence are that he did import a substance, namely heroin, and the quantity imported being a marketable quantity, namely 86.4 grams, was contrary to s 307.2(1) Criminal Code (Cth). The maximum penalty for this offence is imprisonment for twenty five years or a fine of $550,000, or both. A marketable quantity of heroin is two grams, a commercial quantity is 1.5 kilograms.