Director of Public Prosecutions v Vo, Su Van
[2016] VCC 1078
•26 July 2016
| IN THE COUNTY COURT OF VICTORIA AT BENDIGO CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. CR-16-00885
Indictment No. G10099969
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| SU VAN VO |
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JUDGE: | HIS HONOUR JUDGE SACCARDO | |
WHERE HELD: | Bendigo | |
DATE OF HEARING: | 20 July 2016 | |
DATE OF SENTENCE: | 26 July 2016 | |
CASE MAY BE CITED AS: | Director of Public Prosecutions v VO, Su Van | |
MEDIUM NEUTRAL CITATION: | [2016] VCC 1078 | |
REASONS FOR SENTENCE
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Subject: CRIMINAL LAW
Catchwords: Sentence – cultivate a narcotic plant in a commercial quantity – cannabis
Legislation Cited: Crimes Act 1958; Sentencing Act 1991, Drugs Poisons and Controlled Substances Act 1981, s72A
Sentence: Total effective sentence of 12 months’ imprisonment. Section 6AAA declaration: 15 months.
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Mr D Cordy | Solicitor for the Office of Public Prosecutions |
| For the Accused | Mr A Purcell | Valos Black & Associates |
HIS HONOUR:
1 Su Van Vo, you have pleaded guilty to one charge, namely cultivation of a narcotic plant namely Cannabis L in a quantity not less than a commercial quantity which carries with it a maximum penalty of 25 years’ imprisonment.
2 The cannabis crop which you were tending comprised 168 plants with a total weight slightly less than 80.956 kilograms, which was growing in a sophisticated hydroponic system set up within a number of rooms of the property situated at 28 Dickman St Girgarre.
3 It is not suggested that you were the architect of this scheme, nor is it in issue that:
· You were not involved in the setting up of the crop;
· Your only involvement in the scheme was your activity in watering and providing nutrition to the crop, in which activity you were involved for a period of 4 weeks; and
· You were promised payment of $1000 per week for that activity however you never received that money.
4 Your personal history may be summarised as follows.
5 You are forty-four years old. You were born in South Vietnam. You were raised in a rural setting. When you left school, you commenced work as a fisherman.
You have two children of your previous marriage: a son and daughter, aged twenty and twenty-five respectively.
You entered Australia approximately eight years ago via a three-month Tourist Visa and since the time when your visa expired you have remained within the country illegally.
6 In Australia you worked in semi-skilled employment. You have no criminal history here or in Vietnam.
7 It is put on your behalf that you accepted the offer to manage the marijuana crop the subject of this charge in circumstances in which you had no money and it was held out to you that you would be paid one thousand dollars a week for that task.
8 Whilst it was put on your behalf that you never received any money for your management of this crop, I am satisfied that I should accord that fact no influence in fixing an appropriate sentence in this case.
9 There is no issue that at the time at which you complete the sentence which will be imposed upon you with respect to this offence, you will be deported to Vietnam. In such circumstances, the need to deter you from committing further offences in Australia is not an issue to be considered in the sentence which I fix in this instance.
10 In any event your lack of prior convictions and preparedness to take responsibility in a timely fashion for the offences before me indicate that there is no need to place much weight on specific deterrence in this case.
11 Given your status as a long term illegal immigrant it is not put that your deportation should assume any relevance in your sentence.
12 It is put that upon your initial arrest you found your circumstances to be extremely difficult given that it was the first time that you had ever been in custody, that you spoke no English and that you had no visitors by reason of the absence of any family members in Australia. Equally, it was put on your behalf that your current cellmate speaks Vietnamese and that has resulted in a reduction in the hardship experienced by you by reason of your detention. I give these matters appropriate weight in fixing your sentence in this instance.
13 I am satisfied that it is appropriate in this case given your impending deportation, that I should fix a straight sentence of imprisonment and not a sentence which involves a period of parole.
14 I am satisfied that at the time of your record of interview you made full and frank admissions as to your criminal conduct and that you indicated your intention to plead guilty to the charges which you now face at the earliest opportunity.
15 Your plea of guilty has saved the community the very significant time and court expenses associated with a committal or a trial and the inconvenience and pressure caused to witnesses by a requirement to give evidence. Your early plea is also an indication of your remorse .Each of these factors entitle you to a significant discount in the sentence which I would have imposed if you had not pleaded guilty.
16 Further, you come before the Court at the age of 44 with no prior convictions and I give this fact due weight in sentencing you.
17 I am satisfied that in sentencing you the sending of a message to others that criminal behaviour of this type will not be tolerated is of fundamental importance.
18 In cases of this type I am obliged to send a message which discourages people from involving themselves in activity which in any way supports the criminal industry which produces illicit drugs, by demonstrating that anyone who provides support to that industry will receive harsh punishment, whatever the level of their involvement.
19 Whilst I must denounce your conduct I must equally impose a punishment upon you which is just in all the circumstances.
20 Your activity of supporting the management of a significant crop of cannabis involves serious criminal conduct on your behalf. That this is so is demonstrated by the fact that the charge of cultivation of narcotic plants in a commercial quantity carries a maximum prison term of twenty-five years.
21 Whilst I accept that the role that you played in the criminal operation associated with the production of the cannabis crop was limited to watering the crop and that you were in no way a principal or one of the principals involved in the planning and the establishment of this criminal enterprise, it is clear, however, that the crop you tended was relatively large and there is no suggestion that you did not know you were participating in a criminal offence. Neither is there any evidence that you could not have resisted the offer made to you that you should engage in the criminal activity involved in this instance.
22 Taking all of these matters into account, I am satisfied that I have no option but to impose a term of imprisonment upon you, having regard to the serious nature of the criminal activity in which you have engaged.
Please stand up Mr Vo
23 On the Charge of cultivating a commercial crop of cannabis you are convicted and sentenced to 12 months’ imprisonment.
24 The total effective sentence which I have imposed is12 months’ imprisonment.
25 The time you have spent in custody to date with respect to these offences is to be taken into account as time served by you in respect of these sentences. Pursuant to the Sentencing Act, I declare that the period of 197 days is to be reckoned as a period of imprisonment already served under this sentence and I direct that this declaration and its details be noted in the records of the Court.
26 Pursuant to s6AAA Sentencing Act 1991, I declare that but for your plea of guilty, I would have imposed a sentence of 15 months’ imprisonment without parole.
27 I will make the Forfeiture and Disposal Orders which are sought in this matter given the seriousness of the charge in this instance. Given the seriousness of the charge I will make the further order permitting the retention of the forensic sample obtained from you.
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