AI-generated summaries. Not legal advice. Always verify against the official judgment on NSW Caselaw.
← All decisions
District Court 18 May 2020

R v Nguyen

[2020] NSWDC 206

Assault & violenceDrugsFirearms & weaponsPublic order & justice offences
CRIME SENTENCE SUPPLYING A PROHIBITED DRUG POSSESS UNAUTHORISED PISTOL

Citation: R v Nguyen [2020] NSWDC 206
Court: District Court of NSW
Date: 18 May 2020
Judge: Colefax SC DCJ

Background

The offender, a man aged approximately 30 at the time of offending, appeared for sentencing on five principal indictable offences and two summary offences arising from conduct in August 2018. The offending spanned two days and involved a loaded revolver, substantial quantities of methamphetamine and heroin, a flick knife, and two separate instances of driving while disqualified.

On 12 August 2018, the offender produced a revolver and pointed it at a woman's head during a road confrontation, then directed it at her male companion. The couple, travelling with their two young children, feared they were about to be shot. Two days later, police stopped the offender while he was again driving while disqualified and found the same revolver, now loaded with six live rounds, concealed in his clothing.

The search of the offender and his vehicle on 14 August 2018 also uncovered approximately 166 grams of methylamphetamine, 75 grams of heroin, a flick knife, five mobile phones, a drug ledger, and over $12,000 in cash. The offender pleaded guilty to all charges.

  • The appropriate sentences for five principal indictable offences: two counts of intimidation intending to cause fear of physical harm (s 13(1), Crimes (Domestic and Personal Violence) Act 2007), two counts of supplying a prohibited drug (s 25(1), Drug Misuse and Trafficking Act 1985), possessing a prohibited weapon without a permit (s 7(1), Weapons Prohibition Act 1998), and possessing an unauthorised pistol (s 7(1), Firearms Act 1996)
  • Whether the standard non-parole periods for the firearms and weapons offences were engaged
  • The extent of the 25 per cent sentencing discount for early guilty pleas
  • Whether special circumstances existed to vary the ratio of the non-parole period to the head sentence
  • Whether an aggregate sentence was appropriate and, if so, how to structure the indicative component sentences

Decision

Colefax SC DCJ sentenced the offender to an aggregate term of 9 years 6 months imprisonment with a non-parole period of 5 years 8 months, commencing from the date of arrest on 14 August 2018. A discount of 25 per cent was applied across all offences in recognition of the early guilty pleas.

The most serious individual offence was treated as the unauthorised possession of the pistol, which carried an indicative sentence of 6 years (before discount) and attracted a standard non-parole period of 4 years under the Firearms Act. The intimidation offences were treated as highly serious, with the Form 1 matter of pointing the revolver at Mr Johnson producing what the court described as a "meaningful and significant" increase to the principal sentence. The drug supply offences attracted indicative sentences of 5 years 3 months and 4 years 6 months respectively after discount, reflecting the combined weight of the quantities involved and the associated Form 1 matters.

The court found special circumstances warranting a variation to the standard non-parole period ratio. Two factors contributed: the offender's underlying psychological condition, which required support better provided during a supervised parole period, and the additional hardship of incarceration during the COVID-19 pandemic. The court nonetheless affirmed that general and specific deterrence, community protection, and encouragement of rehabilitation all remained fully engaged.

Orders Made

  • Aggregate term of imprisonment of 9 years 6 months
  • Non-parole period of 5 years 8 months, dating from 14 August 2018, expiring 13 April 2024
  • Balance of term of 3 years 10 months, commencing 14 April 2024, expiring 13 February 2028
  • Finding of special circumstances to vary the non-parole period ratio

Key Takeaways

  • The District Court treated the possession of an unauthorised and loaded pistol as the gravest of the five principal offences, anchoring the aggregate structure around that charge's indicative sentence of 6 years (after discount) and its 4-year standard non-parole period.
  • Form 1 matters are not merely administrative: the court emphasised that the second act of intimidation, taken on a Form 1, produced a "meaningful and significant" increase in the sentence for the first principal offence, illustrating the substantive weight courts may assign to related uncharged conduct.
  • A finding of special circumstances under the aggregate sentencing regime allowed the court to extend the parole period beyond the standard ratio, supported by both the offender's psychological needs and the heightened hardship of imprisonment during the COVID-19 pandemic.
  • Where an offender pleads guilty at an early stage, a 25 per cent discount applies uniformly across all charges, including to charges carrying standard non-parole periods, as reflected in the indicative sentences here.
  • Possessing a prohibited weapon (the flick knife) under the Weapons Prohibition Act attracted a comparatively modest indicative sentence of 9 months after discount, even though the maximum penalty is 14 years and a 5-year standard non-parole period applies, reflecting the court's assessment of relative objective seriousness across the overall offending.

Legislation and Cases Referenced

Legislation:
- Crimes (Domestic and Personal Violence) Act 2007 (NSW), s 13(1)
- Drug Misuse and Trafficking Act 1985 (NSW), s 25(1)
- Weapons Prohibition Act 1998 (NSW), s 7(1)
- Firearms Act 1996 (NSW), s 7(1)
- Road Transport Act 2013 (NSW), s 54(1)(a)

Cases cited: None stated in the judgment.