Director of Public Prosecutions v Vo

[2017] VCC 805

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

AT LATROBE VALLEY
CRIMINAL JURISDICTION

CR 17-00576

DIRECTOR OF PUBLIC PROSECUTIONS

v

AN VO

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JUDGE:	HIS HONOUR JUDGE SMALLWOOD
WHERE HELD:	Latrobe Valley
DATE OF HEARING:	20 June 2017
DATE OF SENTENCE:	20 June 2017
CASE MAY BE CITED AS:	DPP v Vo
MEDIUM NEUTRAL CITATION:	[2017] VCC 805

REASONS FOR SENTENCE
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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms Guesdon
For the Accused	Ms Nowak

HIS HONOUR: 

1An Thi Yuan Vo, you have pleaded guilty to one charge of possessing cannabis.  That crime, in this circumstance, carries a maximum penalty of five years.  You are 26 years of age and have no prior convictions.  You offered to plead guilty at an early opportunity and indeed now have done so.  You must get the benefit of that plea of guilty and, not only the utilitarian benefit, but also a degree of remorse. 

2The circumstances of the offending are that in October of 2016 police executed a raid on premises in Eastwood near Bairnsdale.  There were 124 cannabis plants in the premises and weighing in the ultimate of around about 65 kilograms.  It was a relatively sophisticated hydroponic set up and you and your husband were arrested.  He made full admissions and I subsequently sentenced him to cultivation of a commercial quantity, for which he received two years, with a 12 month minimum.  You have pleaded guilty to possession simplicitor, and obviously parity is of importance. 

3You came to Australia after a very unfortunate childhood and have been here on an expired visa, as I understand it, for some years.  You are married to the co-accused and you were sharing a house with him in Bairnsdale when the crop was discovered.  You are going to be deported; there is no question about that.  You obviously have no future in this country.  My understanding is that your husband will be deported as well. 

4When you do return to Vietnam, from whence you came, you are hopeful of having to find a place of residence and means of support.  You, I am told, have worked since coming to Australia in around about 2007/2008 in various jobs.  In all the circumstances, as indicated to your counsel, as indicted to the Crown, it is a very sensible resolution of this matter.  I simply intend, because of reasons of general deterrence - specific deterrence has no point when you are being deported - and denunciation, as well as punishment, an active custodial sentence has to be imposed, in my view. 

5You have already served 246 days and I think the appropriate sentence here, bearing in mind the administrative matters that will have to then take place, is one of nine months.  I direct that 246 days be reckoned as having been served under that sentence.  I say that but for your plea of guilty, you would have been sentenced to imprisonment for a period of 12 months. 

6MS GUESDON:  I know she was going to be deported, Your Honour, but we seek a 464ZF order, due to the serious nature of the offending.

7HIS HONOUR:  No.  They would never get it done in time.  Just a waste of paper. 

8MS GUESDON:  Yes, Your Honour.

9HIS HONOUR:  I understand you've got to do it but no, I don't think so.  Any other orders I have to make? 

10MS GUESDON:  No, Your Honour.

11HIS HONOUR:  I'll just leave the Bench and you can just explain.  I'm sure she understands but. 

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