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Hoang v The Queen [2018] VSCA 86

appeal against sentence — attempting to possess a commercial quantity of border-controlled drug contrary to s 307.5(1) Commonwealth Criminal Code — state offence — original sentence imposed for federal offence 9 years’ imprisonment with 5 year non-parole period — total effective sentence 10 years’ imprisonment with 6 year non-parole period — age — s 16A(2)(m) — offender youthful — as seriousness of relevant criminal conduct increases, mitigating effects of youth decreases — where degree of criminality of offence requires deterrence, denunciation, just punishment and protection of community to assume prominence in sentencing equation, weight to be attached to youth reduced correspondingly — nature and circumstances of offence — s 16A(2)(a) — objective seriousness — offender held pivotal role in furthering enterprise to import cocaine for purposes of sale in Australia — given offender’s pivotal role, moral culpability is high — general deterrence and need for stern punishment must be given prominence in sentence imposed — total effective sentence within appropriate range — appeal dismissed
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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