R v Phuong Thanh DO; R v Van Hung DUONG; R v Kenny TRAN; R v Hoang Linh NGUYEN [2018] NSWDC 194

District Court New South Wales

Medium Neutral Citation: R v Phuong Thanh DO; R v Van Hung DUONG; R v Kenny TRAN; R v Hoang Linh NGUYEN [2018] NSWDC 194 Hearing dates: 17 August 2017 Date of orders: 25 January 2018 Decision date: 25 January 2018 Jurisdiction: Criminal Before: Tupman DCJ Decision: DO: Aggregate term of 8 years with a NPP of 5 years with parole thereafter of 3 years. Indicative sentences: Seq001: 4 years overall with 2 ye 6 months NPP Seq002: 6 years with NPP 4 years Drug proceeds order in the sum of $3000

DUONG: NPP of 4 years with parole thereafter of 3 years giving rise to an overall term of 7 years.

TRAN: NPP of 3 years parole thereafter of 3 years giving rise to an overall term of 6 years.

NGUYEN: Aggregate term of 10 years with a NPP of 6 years with parole thereafter of 4 years. Indicative sentences: Seq001: 7 years NPP 4 years Seq002: 8 years NPP 5 years Drug proceeds order in the sum of $25,000. Order pursuant to S 97 Victims Rights and Supports Act 2013, to pay compensation in the sum of 9,030 in relation to the offence H6150592 to be paid to the Downing Centre registry then to be paid to Peter Song. Catchwords: CRIMINAL LAW – Sentence – Guilty plea in Local Court – Four co-offenders - supply commercial quantity of prohibited drug – 491 grams - methamphetamine – Supply large commercial quantity of prohibited drug – 696 grams – 1.276 kilograms – Supply 4.51 kilograms of Cannabis on a Form 1 – knowingly take part in the cultivation of prohibited plants on a Form 1 – Bail refused from time of arrest – organised criminal activity – Tran no criminal record – Prior criminal record for other offenders – Specific deterrence – rehabilitation whilst in custody – good prospects of rehabilitation Legislation Cited: Ss 23, 25(2) Drug Misuse and Trafficking Act, 1985 Cases Cited: R v Thomson & Houlton Category: Sentence Parties: Phuong Thanh DO; Van Hung DUONG; Kenny TRAN; Hoang Linh NGUYEN The Crown Representation: Counsel: DO: Mr Johnson DUONG: Mr Schaudin TRAN: Mr Wozniak NGUYEN: Mr Overall