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Huynh v The Queen [2022] VSCA 49

The offender was sentenced following a plea of guilty to 1 count of importing a marketable quantity of a border-controlled drug contrary to s 307.2(1) of the Commonwealth Criminal Code. Offence related to 875 grams of pure cocaine. Original sentence imposed 7 years’ imprisonment with a  non-parole period of 4 years and 8 months. Offender appealed on the grounds that the sentence was manifestly excessive, specifically in failing to give sufficient weight to totality, guilty plea and delay in the matter.

Totality: The sentencing judge clearly took totality into account. They considered both this offending and the Western Australian offending and, taking to account the sentence already served in respect of the latter, came up with a sentence that appropriately reflected the applicant’s overall criminality. The practical effect is a total effective sentence of 9 years and 3 months, with a non-parole period of 6 years and 11 months. That overall sentence is well within the range of sentences reasonably available for the consolidated offending. High-level offending in two states against a background of similar offending calls for stern punishment.

Leave to appeal was refused.
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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