Director of Public Prosecutions v Nguyen

[2023] VCC 1236

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

CRIMINAL DIVISION

Revised
Not Restricted
Suitable for Publication

CR-22-01905

DIRECTOR OF PUBLIC PROSECUTIONS

v

NGOC NGUYEN

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JUDGE:	HIS HONOUR JUDGE GUCCIARDO
WHERE HELD:	Melbourne
DATE OF HEARING:	13 July 2023
DATE OF SENTENCE:	13 July 2023
CASE MAY BE CITED AS:	DPP v Nguyen
MEDIUM NEUTRAL CITATION:	[2023] VCC 1236

REASONS FOR SENTENCE
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Subject:              Criminal Law. Sentence upon plea of guilty.

Catchwords:       Cultivation of a narcotic plant.
Legislation Cited:
Cases Cited:
Sentence:           Total Effective Sentence of 88 days imprisonment followed by a
  Community Corrections Order for 12 months.

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms M. Sargent
For the Accused	Mr C. Nikakis

HIS HONOUR:

1On the charge of cultivation simplicita, Mr Nguyen will be convicted and sentenced to a combination sentence of 88 days and then to be admitted to serve a Community Corrections Order for 12 months to be supervised by correctional services and to obey their directions.  I order that he performs a hundred hours of community unpaid work.

2COUNSEL:  As Your Honour pleases.

3HIS HONOUR:  Mr Nikakis there will be a document that your client, perhaps you could explain.

4MR NIKAKIS:  Yes, I will.

5HIS HONOUR:  As I'm sure you will that it's important that he performs those hours and brings the order to satisfaction at the end of it and that will be the end of the matter, but it's a close scrape.

6MR NIKAKIS:  I understand that Your Honour.

7HIS HONOUR:  Yes.

8MS SARGENT:  Your Honour there is a matter of the disposal order.

9HIS HONOUR:  There's a disposal order, yes.

10MS SARENT:  And also was Your Honour intending on making a s6AAA.

11HIS HONOUR:  Yes, I will.

12Yes, but for his plea I would have sentenced him to six months' imprisonment and I will sign the disposal order, that's been provided to the court in relation to this matter.

13MS SARGENT:  As Your Honour pleases.

14HIS HONOUR:  I did see it.  I'll sign it when it's produced to me.  All right.

15MR NIKAKIS:  Just one matter Your Honour, just before you go.

16HIS HONOUR:  Yes.

17

MR NIKAKIS:  All right, no worries, so, all right, thank you Your Honour. 

Thank you.

18HIS HONOUR:  All right, thank you both.  Sine die.

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