Director of Public Prosecutions v Nguyen

[2014] VCC 226

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 13-02074

DIRECTOR OF PUBLIC PROSECUTIONS

v

LONG TAHN NGUYEN

---

JUDGE:	HIS HONOUR JUDGE DEAN
WHERE HELD:	Melbourne
DATE OF HEARING:	3 March 2014
DATE OF SENTENCE:	4 March 2014
CASE MAY BE CITED AS:	DPP v Nguyen
MEDIUM NEUTRAL CITATION:	[2014] VCC 226

REASONS FOR SENTENCE
---

Subject:
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:

---

APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr B Nankin	Office of Public Prosecutions
For the Accused	Ms Z E Broughton	Victoria Legal Aid

HIS HONOUR:

1Long Tahn Nguyen, you have pleaded guilty to one charge of cultivating a commercial quantity of cannabis, contrary to s.72A of the Drugs, Poisons and Controlled Substances Act 1981. The maximum penalty for that offence is 25 years of imprisonment.

2You pleaded guilty at the committal mention on 30 October 2013 and I have taken your early plea into account in your favour, in mitigation of sentence.  You have no prior convictions, and therefore fall to be sentenced as a mature, first offender.

3A summary of prosecution opening was read to the court, and your offending may be summarised as follows. 

4On 6 August 2013, police executed a search warrant at premises located at Unit 1, 1297 Heatherton Road, Noble Park.  The police observed you in the premises and you were arrested.  Located throughout the premises was a sophisticated system for growing cannabis and 144 plants at various stages of maturity.  The plants excluding roots weighed approximately 13.7 kilograms of which the useable portions weighed between 7 and 9 kilograms.  This in turn equated to air dried weight of 1.8 to 2.2 kilograms.

5Following your arrest, you were interviewed by police and admitted that you had tended the plants for approximately two weeks for a friend.  In my opinion, you were in all probability doing this for a reward, but I do not accept that you had any interest in the cannabis beyond what you told the police.  Cannabis is a deleterious illegal drug of dependence and any sentence that I impose must be calculated to deter you and others from offending in this way.  You must also be punished for what you have done.

6I now turn to your personal circumstances. 

7You were born on 11 November 1970 in Ho Chi Minh, Vietnam and are now aged 43 years.  You are the eldest of five children.  You have been married twice and have two daughters aged 18 and 11.  You are a well educated person and have a university degree in electronics.  In Vietnam, you had an electronics business and also a seafood processing business.  You have no drug, alcohol or mental health issues.  However, you do suffer from diabetes and Hepatitis B.

8In 2006 you moved to the United States with your then partner who you married.  Your two children also moved to the United States and now continue to reside there with family friends.  You have separated from your second wife.  I accept that your imprisonment will cause you significant hardship and isolation.  Your children will also be deprived of your presence and support.  You speak only limited English and this will cause you further hardship in prison.

9As I have observed, your offending was for financial gain.  Although I also accept that this gain would have been limited.  In my opinion, your prospects for rehabilitation may properly be described as good, and I accept that you are now remorseful for your offending.

10In all probability, you will be deported to the United States when released on parole, or when your sentence expires. 

11In the result, the sentence of the court is as follows. 

12On the charge of cultivating a commercial quantity of cannabis, you are convicted and sentenced to be imprisoned for three years.  I direct that you serve 18 months imprisonment before becoming eligible for release on parole.  I declare that you have served 211 days, not including today, by way of pre-sentence detention. 

13But for your plea of guilty, I would have imposed a term of imprisonment of five years and a non-parole period of three years. 

14I have made the ancillary orders sought on behalf of the prosecution which I will just sign now. 

‑ ‑ ‑