Director of Public Prosecutions v Hoang

[2018] VCC 457

IN THE COUNTY COURT OF VICTORIA Revised
(Not) Restricted
Suitable for Publication

AT MELBOURNE
CRIMINAL JURISDICTION

CR-17-02295

DIRECTOR OF PUBLIC PROSECUTIONS

v

TAN NGOC HOANG

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JUDGE:	HER HONOUR JUDGE LAWSON
WHERE HELD:	Melbourne
DATE OF HEARING:	5 April 2018
DATE OF SENTENCE:	5 April 2018
CASE MAY BE CITED AS:	DPP v Hoang
MEDIUM NEUTRAL CITATION:	[2018] VCC 457

REASONS FOR SENTENCE
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Subject:Criminal law – sentencing – cultivation of a narcotic plant (commercial quantity) and theft – plea of guilty – immediate term of imprisonment imposed.

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr S. Ballek	John Cain, Solicitor for Public Prosecutions
For the Accused	Mr J. Desmond	Valos Black & Associates

HER HONOUR:

1Tan Ngoc Hoang, you have pleaded guilty to two charges, one of cultivation of a narcotic plant not less than a commercial quantity, and one of theft of electricity.  The two charges concern a hydroponic cannabis-L crop that was located by police when they searched the premises of 9 Melaleuca Court, Rowville on 8 March 2017.

2The offence of cultivation of a narcotic plant in not less than a commercial quantity is a serious one and that is reflected in the maximum penalty prescribed by Parliament which is 25 years imprisonment.  For the theft charge, the maximum penalty is ten years imprisonment.

3I will be sentencing you on the basis that the offending spans a period of time from 20 January 2017 until 8 March 2017.   

4It is agreed that your role in respect to this hydroponic cannabis crop was that of a crop sitter.  You were not responsible for the establishment of the crop but nonetheless you played a necessary and functional role in the development of the crop over the period of time set out in the indictment.

5You had leased the property.  You had transferred it from another female who is unknown.  The house was setup on the basis that five rooms in the home were to facilitate the hydroponic crop. From the photographs it is apparent that it was a relatively sophisticated crop that had been established in the five rooms.

6The police located 147 cannabis plants weighing 14.2 kg.  The charge is predicated on the basis that the number of plants exceeds 100 cannabis plants which is deemed to be a commercial quantity.

7The plants varied in size and age, from immature seedlings to relatively mature cannabis plants.

8Police also located an illegal electrical bypass at the property and that formed the basis for the theft charge.

9Police interviewed you but you made no comment.

10You were an unlawful non-citizen at the time of the offending.  You are a Vietnamese citizen and you travelled to Australia on a student visa on
26 August 2013.  You were studying IT initially at Griffith University in Queensland and thereafter at Baxter College in Victoria. Because you had failed subjects you were not complying with your student visa and ultimately it had been cancelled effective from 25 May 2016.  Because of your status it is likely that you will be deported following the completion of your sentence.

11You were approached at the Crown Casino and like many people in your situation where you were not receiving any stream of income from any regular sources you succumbed to the opportunity to make easy money.  You were to be paid $1000 per month to sit the crop.

12Your family remains in Vietnam.  You come from a district in central Vietnam, Hà Nam.  Your father is a builder and you have a younger brother who has just finished university.  It is likely that you will be deported back to Vietnam.

13You are very ashamed of your role in this offending  and you have caused loss of face to your family.  That has weighed heavily upon you.

14You are a relatively young man who is isolated within the prison because of your cultural differences and language difficulties.

15I have taken into account the fact that you have spent 393 days in pre-sentence detention on remand awaiting resolution of this matter.

16In formulating the sentence I have taken into account your plea of guilty with respect to the two charges.  It is an early plea.  I accept that it represents genuine remorse on your behalf.  Insofar as the plea of guilty is concerned I have taken into account its utility.

17By reason of your plea of guilty there has been no trial and no witnesses have been cross-examined.  So you have saved the state the expense and cost of a trial.  You have facilitated justice such that your sentence will be discounted accordingly.

18In sentencing you I must impose just sentence and I must emphasise deterrence, not only to you individually, but also to those minded to undertake such activities, that in the event that you are charged with this offence and dealt with by the courts, then you face stern punishment.

19Having regard to your response since these charges have been laid, I consider that you have good rehabilitation prospects and it is unlikely you will reoffend in the future.

20In respect to Charges 1 and 2 on the indictment, you will be convicted and sentenced to an aggregate term of imprisonment of two years.  I fix a non-parole period of one year.

21I make a s.6AAA declaration.  But for your plea of guilty I would have imposed a term of imprisonment of three years, to serve two years.

22I declare the pre-sentence detention of 393 days and direct that that be entered into the records of the court.

23I make the disposal order sought and I make the forensic sample order sought pursuant to s.464ZF of the Crimes Act.

24I think that covers everything, does it not?

25MR BALLEK:  Yes, Your Honour.

26HER HONOUR:  The only thing, Madam Interpreter, that Mr Hoang needs to understand, is that at some stage he will be asked to provide a sample to police in respect to the forensic sample order.  That will involve him placing a cotton bud into his mouth and rubbing it on the side of his mouth.

27I just have to tell him, if he does not co-operate in that process, that the police can use reasonable force and can take the sample by way of a blood sample.  Hopefully that will not be necessary.

28All right, so that completes the matter.

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