R v Duong [2018] NSWDC 447

District Court New South Wales

Medium Neutral Citation: R v Duong [2018] NSWDC 447 Hearing dates: 6 August 2018 Date of orders: 28 September 2018 Decision date: 28 September 2018 Jurisdiction: Criminal Before: Wilson SC DCJ Decision: See [74] Catchwords: CRIME – SENTENCE – guilty plea – drug supply – Form 1 matters – history of drug use – questions of rehabilitation Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Drug Misuse and Trafficking Act 1985 Cases Cited: R v Henry (1999) 46 NSWLR 346 R v McNaughton (2006) 66 NSWLR 566 Texts Cited: None Category: Sentence Parties: Regina (Crown) Thien Duong (Offender) Representation: Counsel: Ms Lin (Offender)

Solicitors: ODPP (Crown) Legal Aid (Offender) File Number(s): 2017/377544 Publication restriction: None

REMARKS ON SENTENCE

INTRODUCTION 1. The Offender appears before the Court for sentencing after pleading guilty to the charge on the Crown Sentence Summary, namely supply prohibited drug, being 37.17 grams of heroin, in breach of s25(1) of the Drug Misuse and Trafficking Act 1985. The offence carries a maximum penalty of 15 years imprisonment and/or 2,000 penalty units, which is equivalent to $220,000.00. There is no standard non-parole period. It is a serious offence and one which causes great concern and harm to the community.

FORM 1 or section 166 matters 1. There are an additional five matters on a Form 1. 2. In the present matter, the following additional charges appear on the Form 1: 1. possess a prohibited drug, being 0.87 grams of methylamphetamine, in breach of s10(1) of the Drug Misuse and Trafficking Act, which carries a maximum penalty of 2 years imprisonment and/or a fine of 20 penalty units; 2. possess a prohibited drug, being 4 Oxycontin pills, in breach of s10(1) of the Drug Misuse and Trafficking Act, which carries a maximum penalty of 2 years imprisonment and/or a fine of 20 penalty units; 3. possess a prescribed substance, being 3 Diazepam pills, in breach of s16(1) of the Poisons and Therapeutic Goods Act 1966, which carries a maximum penalty of 6 months imprisonment and/or a fine of 20 penalty units; 4. possess a prohibited drug, being 0.02 grams of cannabis, in breach of s10(1) of the Drug Misuse and Trafficking Act, which carries a maximum penalty of 2 years imprisonment and/or a fine of 20 penalty units; 5. deal with property proceeds of crime value of property less than $10,000, being $3275, the suspected proceeds of crime, in breach of s193C(2) of the Crimes Act 1900, which carries a maximum penalty of 3 years imprisonment. 1. I have taken into account these matters in determining the sentence