R v Hoang; R v Xiao; R v Nguyen [2015] NSWDC 197

District Court New South Wales

Medium Neutral Citation: R v Hoang; R v Xiao; R v Nguyen [2015] NSWDC 197 Decision date: 20 March 2015 Jurisdiction: Criminal Before: COGSWELL SC DCJ Decision: Xiao - an overall sentence of 4 years and 6 months imprisonment to commence on 31 October 2013 and to expire on 30 April 2018 with a non-parole period of 2 years and 6 months.

Hoang - an overall sentence of 4 years imprisonment to commence on 20 March 2015 and to expire on 19 March 2019 with a non-parole period of 2 years and 4 months.

Nguyen - an overall sentence of imprisonment of 6 years with a non-parole period of 3 years and 4 months, indicated but not imposed. Catchwords: CRIMINAL LAW - Sentence - particular offences - drug offences - supply commercial quantity of prohibited drug - conspiracy to supply prohibited drug - criminal syndicate - couriers used to transport drugs from overseas - not importation but supply - gravity of offences assessed on activity actually engaged in - artificial concept of hierarchy - relevant factors - Clark principles relevant to one commercial supply - early pleas of guilty - discounts of 25% - special circumstances found for adjusting the ratio between head sentence and non-parole period in each case - Form 1 for each offender taken into account - commencement of sentence deferred for one offender due to pregnancy Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), s 11 Drug Misuse and Trafficking Act 1985 (NSW), s 25(2) Cases Cited: R v Clark, NSWCCA, 15 March 1990 (unreported) R v Yin [2013] NSWDC 234 R v Zheng [2013] NSWDC 151 Category: Sentence Parties: Regina (Crown) Ann Hoang (offender) Robin Xiao (offender) Thi Kim Nguyen (offender) Representation: Counsel: R Steward (offender Hoang) C Smith SC (offender Xiao) D Shridhar (offender Nguyen)