Director of Public Prosecutions v Le

[2017] VCC 6

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR-16-01771

DIRECTOR OF PUBLIC PROSECUTIONS

v

BIEN LE

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JUDGE:	HIS HONOUR JUDGE JORDAN
WHERE HELD:	Melbourne
DATE OF HEARING:	23 January 2017
DATE OF SENTENCE:	24 January 2017
CASE MAY BE CITED AS:	DPP v Le
MEDIUM NEUTRAL CITATION:	[2017] VCC 6

REASONS FOR SENTENCE
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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms N Marchesani
For the Offender	Ms MJ Harris

HIS HONOUR: 

1You have pleaded guilty to one charge of cultivation of a narcotic plant in a quantity not less than the commercial quantity.

2The maximum penalty for this offence is 25 years' imprisonment. 

3The circumstances of your offending are set out in the Summary of Prosecution Opening read by the prosecutor, Exhibit A.  These facts speak for themselves and only require a very brief summary.

4In June 2016, police commenced an investigation that led to them attending a property in Wallan on 7 July 2016.

5Cannabis plants were discovered growing in six rooms of the premises supported by a sophisticated hydroponic set‑up involving light shades, globes, electrical ballasts, exhausts, water pumps and power boards.  In total 168 cannabis plants were discovered together with some loose cannabis.  The total weight was 71.97 kilograms.

6You were arrested at the premises.

7It was conceded that you had been at the premises, in effect, as a crop sitter for some two months. 

8You attended to the plants together with another person known to you as "Son".  That co‑accused is awaiting trial. 

9You had been promised $200 per day for each day you watered the plants although you had not been paid at the date of your arrest. 

10The Crown agreed that your offending, when judged as to its objective seriousness, was within the low range of seriousness for this sort of offence.

11For a number of reasons, I still regard this as a serious example of this type of offending.  I will not list them all.  They include the fact that the size of the crop was considerable, you were to be paid for your work, there were two of you attending to the crop, there was an extensive infrastructure provided at the house, the crop was spread over six set‑up rooms and you had been attending to the crop for some two months. 

12I will turn to matters personal to you. 

13You are of mature years, being 34 years old.  You came to Australia in 2014 on a three‑month student visa and then stayed on illegally.  You have been educated to tertiary level in Vietnam.  You are married and have a wife and two young children living in Vietnam.  The court has been told you will be returning to Vietnam at the completion of your sentence.

14Exhibit 1, Defence Outline of Plea Submissions, sets out in more detail your personal circumstances.

15I consider your prospects of rehabilitation are reasonable. 

16Your counsel pointed to a number of matters which you are entitled to have taken into account in mitigation, which I have done. 

17You pleaded guilty at the earliest opportunity.  You have spared the witnesses the ordeal of giving evidence and you have saved the community the time and expense of the trial. 

18The early plea is indicative of remorse. 

19You have no prior criminal history. 

20As mentioned, the Crown agreed, you are in the range of low level of offending for this type of activity.  You have no drug of mental health history.  You have been in custody for 201 days since your arrest.

21You have no family support in Australia and together with language difficulties, these add to the burden of your time in prison. 

22Sensibly, your counsel conceded that you accept an immediate term of imprisonment is the appropriate sentence in your case. 

23As well as the matters personal to you, I must also take into account other relevant sentencing considerations.  General and specific deterrence must be given weight in the sentence I will impose this day.  Your involvement is a necessary link in the chain of offending that leads to drugs ultimately getting into the community.  The message must be clear and consistent that appropriate punishment will result in such circumstances.

24Your sentence must manifest the community's denunciation of your conduct and impose just punishment. 

25I must seek to protect the community from any repetition of this type of offending by deterring you and others.

26This is a serious offence.  The maximum penalty is 25 years' imprisonment. 

27In the circumstances I must impose an immediate term of imprisonment. 

28You are convicted and sentenced to two years and six months' imprisonment and I direct that you serve one year and six months before becoming eligible for parole.

29I declare 201 days pre‑sentence detention pursuant to s.18 of the Sentencing Act. 

30Pursuant to s.6AAA of the Act I declare that but for your plea of guilty, I would have imposed a sentence of three years and six months with a non‑parole period of two years and four months. 

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