Director of Public Prosecutions v Tran Thanh

[2013] VCC 1240

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

AT MELBOURNE

CRIMINAL DIVISION

CR-13-00976

DIRECTOR OF PUBLIC PROSECUTIONS

v

VAN TRAN THANH

---

JUDGE:	HIS HONOUR JUDGE MEREDITH
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	11 September 2013
CASE MAY BE CITED AS:	DPP v Tran Thanh
MEDIUM NEUTRAL CITATION:	[2019] VCC 1240

REASONS FOR SENTENCE

---

Catchwords:

---

APPEARANCES:	Counsel	Solicitors
For the Crown	Ms R. Harper
For the Accused	Mr A. Slim

HIS HONOUR:

1       Thanh Tran, you have pleaded guilty to one charge of having, on 26 February 2013, cultivated a drug of dependence in a quantity that was not less than a commercial quantity.  A commercial quantity is either 100 plants, or 25 kilos of the drug.  The maximum penalty for this offence is 25 years' imprisonment.

2       You have also pleaded guilty to the summary offence of deal with property, namely cash in the sum of $1,796.00 suspected of being proceeds of crime. The maximum penalty for this offence is 2 years imprisonment.

3       A prosecution opening was tendered on the plea and marked as Exhibit A on the plea.  I annexe that document to these reasons.  Accordingly, I do not propose to recite the circumstances of your offending other than very briefly. 

4       Premises at 12 Waterbury St Cranbourne were raided by police on 26 February 2013. On examination it was found that these premises were devoted to the cultivation of cannabis. You were present when police raided the premises and a total of 287 Cannabis plants of varying sizes plus a quantity of flowering heads having a combined weight of 103. 6 kg was located.

5       You were interviewed by police and made a no comment interview as is your right.

6       You became involved in this enterprise as a result of your previous work in Springvale in the sewing industry coming to an end. You had an expectation of receiving a reward for minding and tending the crop at the conclusion of it’s harvest. This was to be in the sum of $5,000. You were not to receive a share of the profits of the crop and were a menial and expendable labourer at the crop site.

7       You are 49 years of age and have no prior convictions. You arrived in Australia in 2011. Prior to that you were living in Vietnam with your wife and working in the sewing industry. You have 6 children, aged between 29 – 5 years of age in Vietnam,  as well as your wife.

8        You came to Australia for work related purposes and commenced employment in the sewing industry until you became involved  in the enterprise which has brought you before this court. You were remitting funds back to your immediate and extended family during your stay in Australia whilst lawfully employed. You have elderly parents and as the eldest son felt an obligation to support them. You have assisted with the financial support of your younger brother who has a serious congenital health issue.

9       Your were raised in impoverished circumstances in a rural area of Vietnam. You are the eldest of 7 children. You obtained qualifications in sewing and worked in that industry until you came to Australia as part of your work in that industry.

10      This represents your first time in custody and I am told and accept that you find this experience difficult given your separation and isolation from family and friends. Further, your English language skills are poor.  I have taken this into account.

11      You pleaded guilty to the charge of cultivate a commercial quantity of cannabis at an early stage. I accept that you are remorseful and in addition your early plea entitles you to a significant utilitarian discount. In relation to the summary offence of possess proceeds of crime, your plea of guilty in this matter occurred at a later time, however in all of the circumstances I do not propose to diminish the mitigatory value of your plea of guilty as a result of this.

12      I accept that your prospects of rehabilitation are good and this is evidenced by your pleas of guilty, your participation in the work force throughout your adult life and your efforts in raising your family, as well as your lack of prior convictions.

13      In sentencing you, I must address the fundamental sentencing aims of punishment, deterrence, both specific and general, rehabilitation, denunciation and protection of the community.  I must balance matters, such as the seriousness of the offence, your culpability for it, your personal circumstances, the community's interest in deterring and denouncing your conduct, along with the community's interest in ensuring that so far as possible you are rehabilitated.

14      On the charge  of cultivate a commercial quantity of cannabis, I sentence you to 20 months imprisonment. On the charge of deal with property, namely cash in the sum of $1,796.00 suspected of being proceeds of crime, I sentence you to 1 months imprisonment, and I direct that 7 days of this sentence be served cumulatively on the sentence I have imposed on the charge of cultivating cannabis. This makes a total effective sentence of 20 months  and 1 weeks imprisonment and I fix  a non parole period of 12 months.

15      But for your plea of guilty I would have imposed a total effective sentence of 3 years with a 2 year minimum term.

16      I declare 197 days by way of presentence detention not including today 11 September 2013.

17      I will make orders as requested by the prosecution for forensic sample retention, disposal of the drugs and equipment, and forfeiture of the sum of $1796. 00