Director of Public Prosecutions v Le

[2013] VCC 1786

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

AT MELBOURNE

CRIMINAL DIVISION

Case No. CR-13-01350

DIRECTOR OF PUBLIC PROSECUTIONS

v

THANH LE

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JUDGE:	HIS HONOUR JUDGE MONTGOMERY
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	30 October 2013
CASE MAY BE CITED AS:	DPP v. Le
MEDIUM NEUTRAL CITATION:	[2013] VCC 1786

REASONS FOR SENTENCE
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Subject:  
Catchwords:            
Legislation Cited:     
Cases Cited:            
Sentence:                 

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APPEARANCES:	Counsel	Solicitors
For the DPP	Ms A. Bhai
For the Accused	Ms C. Hanson

HIS HONOUR:

1       Thanh Vinh Le, you have pleaded guilty to one charge of cultivation of narcotic plants, commercial quantity.  The prosecutor has tendered a summary of the facts, Exhibit 1, which is attached to the file.  Your counsel does not disagree with that summary and it is the factual basis upon which I will sentence you.  Any reader of these reasons can refer to the file to place the sentence in its factual context.

2       

The prosecutor submitted that after taking into account your plea of guilty and your indication that you will be an a prosecution witness, that an appropriate range of sentence would be a head sentence of 15 to 20 months with a non-parole period of nine to twelve months.  On your behalf your counsel,

Ms Hanson, tendered a number of references, which I have considered, and provided me with a comprehensive outline of your background and personal circumstances.  I will not repeat what is in that written submission as to those factors. 

3       

She relies on your early plea of guilty, which both parties agree was at the earliest opportunity.  You have no other criminal history.  You are a foreign national and your time in prison is more burdensome because of your lack of English.  You have provided two statements to police in respect of two

co-accused.  You have given evidence in the witness box that you will comply with prosecution requests to give evidence in accord with your statements at any other court hearings.  You said on oath that the statements had been taken with the aid of an interpreter; you understand what is in them and that they were true and correct.

4       It has also been explained to you that if you do not give evidence, the sentence I impose today can be looked at by a higher court and you most likely would receive a greater sentence.  I have made an order for retention of your forensic sample and forfeiture and disposal orders.  You have served 190 days pre-sentence detention. 

5       The court often deals with what I call crop sitters from Vietnam.  That is young men who come here and are employed to sit in houses, looking after crops of marijuana.  My initial impression anecdotally of current sentencing practices was that usually crop sitters get around 18 months to serve, but after discussion with counsel the figures and the sentencing snapshot show that it is a term substantially lesser than that.  Each case varies on its facts and the snapshot or sentencing guideline as to sentences is no more than that.  What distinguishes your case from almost all of these types of cases is the fact that you are prepared to assist the prosecution, so I have taken that very much into account.

6 I have taken into account your plea of guilty, which has saved the court a trial and is an acceptance or responsibility by you for your actions. I have considered all the submissions made by both counsel. I have looked at s.5(1) and (2) of the Sentencing Act and considered the elements set out there. I have looked at and considered general deterrence - that is to impose a sentence that stops other person doing this - and specific deterrence - that is to impose a sentence that suggests to you you should not do it again. That plays a lesser role here because of your early plea and of your assistance to the authorities.

7 Weighing up all those matters as best I can and imposing a sentence that hopefully will encourage other person to provide assistance to the authorities, I impose a head sentence of 15 months; direct that you serve a non-parole period of seven and a half months; declare under s.18 of the Evidence Act that the 190 days that you have already served be reckoned as a term of imprisonment served under this order. I declare under s.6AAA of the Sentencing Act that but for your plea of guilty you would have served, if convicted by a jury, a sentence of three years with a non-parole period of two years.

8       Any other orders I have to look at or make?

9       MS BHAI:  No, Your Honour.

10      HIS HONOUR:  Ms Hanson?

11      MS HANSON:  No, Your Honour.

12      HIS HONOUR:  Thank you.  You can take Mr Le out.  Thank you, Madam Interpreter.  Thanks to both of you.  I feel like a magistrate; I've already done two pleas and it's not midday yet.  We'll adjourn the court till 2.15.

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