Regina v Van Nam Nguyen [2002] NSWCCA 183

New South Wales Court of Criminal Appeal

CITATION : Regina v Van Nam Nguyen [2002] NSWCCA 183 FILE NUMBER(S) : CCA 60111/02 HEARING DATE(S) : 16 May 2002 JUDGMENT DATE : 16 May 2002

PARTIES : Van Nam Nguyen (Respondent) Crown (Appellant) JUDGMENT OF : Stein JA at 1; Bergin J at 2; Carruthers AJ at 76

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 01/11/0903 LOWER COURT JUDICIAL Coorey DCJ OFFICER :

COUNSEL : P G Ingram (Appellant) M Thangaraj (Respondent) SOLICITORS : S E O'Connor (Appellant) Michael Croke & Associates (Respondent) CATCHWORDS : Crown appeal against sentence imposed for guilty plea under s 25(2) of the Drug Misuse and Trafficking Act for supply of not less than the commercial quantity (700g) of heroin - Form 1 offence for supply of not less than the commercial quantity (700g) of heroin. LEGISLATION CITED : Crime (Sentencing Procedure) Act 1999 Drug Misuse and Trafficking Act 1985 Regina v Barton (2001) 121 A Crim R 185 Regina v Jermyn (1985) 2 NSWLR 194 Regina v Morgan (1993) 70 A Crim R 368 CASES CITED: Regina v Nguyen [2000] NSWCCA 547 Regina v O'Connor [2002] NSWCCA 156 Regina v Simpson [2001] NSWCCA 534 Regina v Thompson & Houlton [2000] NSWCCA 309 DECISION : See para 77.

- 1 -IN THE COURT OF CRIMINAL APPEAL 60111/2002 Stein JA Bergin J Carruthers AJ 16 May 2002 REGINA v VAN NAM NGUYEN JUDGMENT 1 STEIN JA: I agree with Bergin J. 2 BERGIN J: This is a Crown appeal from a sentence imposed on the respondent, Van Nam Nguyen, by his Honour Judge Coorey in the District Court on 6 February 2002. The respondent pleaded guilty to a count on indictment that he supplied not less than the commercial quantity of a prohibited drug, namely heroin, contrary to s 25(2) of the Drug Misuse and Trafficking Act (the Act) 1985. The maximum penalty for this offence is 20 years imprisonment and/or $385,000: s.33(2)(a) of the Act. 3 There was also a Form 1 matter that the respondent asked to be taken into account on sentencing. The charge on the Form 1 was knowingly take part in the supply of not less than the commercial quantity of a prohibited drug, namely heroin: s.25(2) of the Act. The maximum penalty is 20 years imprisonment and/or a fine of $385,000. 4 The sentence imposed by Coorey DCJ, taking into account the matter on Form 1, was a term of imprisonment for 5 ½ years to commence on 18 November 2000 and to expire on 17 May 2006. His Honour imposed a non parole period of 2 ½ years to commence on 18 November 2000 and to expire on 17 May 2003.