Regina v Luong [2002] NSWCCA 238

New South Wales Court of Criminal Appeal

CITATION : Regina v Luong [2002] NSWCCA 238 FILE NUMBER(S) : CCA 60813/01 HEARING DATE(S) : 17 June 2002 JUDGMENT DATE : 17 June 2002

PARTIES : Regina v Thuan On Luong JUDGMENT OF : Greg James J at 23; Smart AJ at 1

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 01/21/3239 LOWER COURT JUDICIAL Sides DCJ OFFICER :

COUNSEL : (A) H Dhanji (C) G I O Rowling SOLICITORS : (A) D J Humphreys (C) S E O'Connor CATCHWORDS : Sentencing - applicant volunteers unknown information as to his criminality and sentence being served on protection - no question of principle. LEGISLATION CITED : Nil CASES CITED: Nil DECISION : See para 22

IN THE COURT OF CRIMINAL APPEAL

60813/01 GREG JAMES J SMART AJ Monday 17 June 2002 REGINA v THUANH ON LUONG JUDGMENT 1. SMART AJ: Thuanh On Luong seeks leave to appeal against the asserted severity of a sentence of imprisonment of five years six months, with a non-parole period of three years for the offence of between 15 February 2001 and 15 March 2001 supplying a prohibited drug on three or more separate occasions for financial reward.

2. The offence of goods in custody ($195) was taken into account. That was the sum the applicant had when arrested. He conceded $150 was the proceeds of three sales. I also take this into account.

3. About 12.50 pm on 15 March 2001 the applicant spoke with a number of persons in Adolphus Street, Canley Heights. A short time later, he was a passenger in a blue Ford Telstar driven by Truong Quoc Nguyen. After a brief period, police signalled for the vehicle to stop, which it did. The applicant dropped four balloon packages onto the ground. These were retrieved by the police. A mobile phone was taken from the centre console of the vehicle.