Director of Public Prosecutions v Nguyen

[2012] VCC 2217

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR-11-01930
CR-12-00974

DIRECTOR OF PUBLIC PROSECUTIONS

v

ANH TUAN NGUYEN

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JUDGE:	HIS HONOUR JUDGE PUNSHON
WHERE HELD:	Melbourne
DATE OF HEARING:	22 June 2012
DATE OF SENTENCE:	22 June 2012
CASE MAY BE CITED AS:	DPP v Nguyen
MEDIUM NEUTRAL CITATION:	[2012] VCC 2217

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

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms K. Churchill	Office of Public Prosecutions Victoria
For the Accused	Mr L. Gwynn	Valos Black & Associates

Pages 1 - 4

 

 

HIS HONOUR: 

1.The formal sentences will be that on Indictment No. B12026444.1, Charge 1, cultivating a narcotic plant, Mr Nguyen will be convicted and sentenced to seven months' imprisonment.  On Charge 2, possessing a drug of dependence, Mr Nguyen will be convicted and sentenced to one month’s imprisonment.  In respect of those two sentences relating to that indictment I order that the terms of imprisonment be served concurrently, making for a total effective sentence of seven months' imprisonment. 

2.In respect of Indictment Number B12587841 on Charge 1, charge of possessing a drug of dependence, Mr Nguyen will be convicted and sentenced to three months' imprisonment.  On Charge 2, a charge of cultivating Cannabis‑L, Mr Nguyen will be convicted and sentenced to three months' imprisonment.  On Charge 3, a charge of falsification of documents, Mr Nguyen will be convicted and sentenced to seven days’ imprisonment.  I order that one month of the sentence imposed on Charge 1 and one month of the sentence imposed on Charge 2 be served cumulatively on each other and on the sentence, a total effective sentence imposed in respect of presentment B12026444.1, otherwise those sentences are to be served concurrently with a total effective sentence imposed on that indictment. 

3.I have been informed and accept that the accused has served 278 days by way of pre‑sentence detention.  I declare that that period is to be reckoned as time already served on the sentence that I have just imposed which is a total effective sentence of nine months' imprisonment.  Accordingly, the period served is slightly in excess of nine months' imprisonment and Mr Nguyen has therefore served the entirety of the sentence which I have imposed. 

4.Anything I overlooked? 

5.MS CHURCHILL:  Just a declaration pursuant to 6AAA, Your Honour.

6.HIS HONOUR:  Yes.  I expect that the total effective sentence that I would have imposed had there been pleas of not guilty ‑ and I must say in a case like this that's quite an artificial circumstance ‑ but paying regard to the plea of guilty itself and nothing else, the sentence would have been at least 12 months' imprisonment.  That is the total effective sentence. 

7.MS CHURCHILL:  Thank you, Your Honour.

8.MR GWYNN:  As Your Honour pleases.

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