Australia, Dec. 26 -- New South Wales Land and Environment Court issued text of the following judgement on Dec. 13:

1. WRIGHT J: The applicant, Mr Tan Hiep (or Joey) Nguyen, seeks leave to appeal, under s 5(1)(c) of the Criminal Appeal Act 1912 (NSW), against the aggregate sentence imposed on him by Judge Bourke SC in the District Court of New South Wales at Sydney on 3 July 2023.

Background

2. The applicant pleaded guilty in the Local Court to four charges: two charges of supplying a large commercial quantity of the prohibited drug, heroin; one charge of supplying a commercial quantity of the prohibited drug, pseudoephedrine; and, one charge of manufacturing more than the indictable quantity of the prohibited drug, methylamphetamine. The applicant also asked that three further offences: two offences of dealing with the proceeds of crime; and, one of manufacturing a prohibited drug, be taken into account on a Form 1.

3. The matter was committed to the District Court for sentencing and, on 23 June 2023, the sentence proceedings were heard before Bourke SC DCJ.

4. On 3 July 2023, the applicant was sentenced to an aggregate sentence of imprisonment for 11 years 6 months, commencing 15 October 2022 and expiring on 14 April 2034, with a non-parole period of 7 years 6 months, expiring on 14 April 2030: R v Nguyen [2023] NSWDC 288.

5. As required by s 53A(2)(b) of the Crimes (Sentencing Procedure) Act 1999 (NSW) (the Sentencing Procedure Act), the sentencing judge indicated that the applicant would have been sentenced to the sentences set out in the table below had separate sentences been imposed instead of an aggregate sentence. These indicative sentences were after the application of a 25% discount for the applicant's early guilty pleas. The table also includes the maximum penalty and, if applicable, the standard non-parole period (SNPP) and the indicative non-parole period (NPP) for relevant offences.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/193b3f166c28e55e1e9150a0)

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