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DPP v Ngo [2021] VCC 466

The offender was sentenced following pleas of guilty to 1 count of importing a commercial quantity of a border controlled drug namely heroin, 1 count of trafficking a commercial quantity of a controlled drug namely heroin, 1 count of trafficking a commercial quantity of a controlled drug namely methamphetamine. Count 1 related to 3225.5g of pure heroin. Count 2 related to 1610.9g of pure heroin. Count 3 related to 4827.8g of pure methamphetamine.  

Nature and Circumstances: Offender played important role in importation and trafficking of large quantities of heroin and methamphetamine. Offender was of significant standing in Melbourne-based arm of the syndicate which imported large quantities of heroin into Australia. As a freelancer, offender acted as broker between seller, co-offender and the buyer. Offender was involved in delivering methamphetamine and collection of payment. Wholesale value of imported heroin was around $600,000 – $800,000. Wholesale value of methamphetamine was more than $700,000. Offender was very aware of risk of detection but not deterred by it. Offender’s primary motivation was to profit from significant commissions made. Offender’s statement that they in part offended to get money for gambling does not moderate culpability. Offender’s moral culpability lower than Michelle Tran’s but higher than other co-offenders  

Physical Condition: Offender has pancreatic cancer, is a diabetic and insulin dependent. While personal factors carry less weight for offending of this type, sentences were moderated to take into account limited criminal record, poor physical and mental health, that prison will be harder for offender than a person in normal health and there is an appreciable risk anxiety and depression, related to poor physical health will be made worse in prison.  

Offender sentenced to 13 years and 9 months imprisonment with a 9 year and 9 month non-parole period.
The CSD acknowledges Aboriginal and Torres Strait Islander peoples as First Australians and recognises their culture, history, diversity and their deep connection to the land. We acknowledge that we are on the land of the traditional owners and pay respects to Elders past and present.

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