R v Bui

[2016] VCC 37

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

AT MELBOURNE

CRIMINAL DIVISION

Case No. CR-15-01729

DIRECTOR OF PUBLIC PROSECUTIONS

v

TRUONG BUI

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JUDGE:	HIS HONOUR JUDGE PUNSHON
WHERE HELD:	Melbourne
DATE OF HEARING:	21 January 2016
DATE OF SENTENCE:	22 January 2016
CASE MAY BE CITED AS:	R v Bui
MEDIUM NEUTRAL CITATION:	[2016] VCC 37

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

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr D. Plummer	Office of Public Prosecutions Victoria
For the Offender	Ms P. Smith	Revill and Papa Lawyers

HIS HONOUR:

1       Truong Bui, you have pleaded guilty to one charge of cultivation of a narcotic plant in a commercial quantity.

2       The prosecutor opened the circumstances of the offending by reading from a written prosecution opening, which was tendered.

3       

In short, on 15 July 2015, police attended at premises in Hampton Park to execute a drug warrant.  They drove into the premises behind you.  The premises contained a large hydroponic set-up in four rooms of the house.  The total amount of cannabis seized consisted of 78 plants, weighing

78.31 kilograms.

4       It is accepted that you were recruited as a "sitter" for the crop.  You attended the property for about six weeks to water the plants.  You had premises nearby, but spent much time with the crop, sleeping overnight.

5       You were open and frank with the police, making admissions about your role. You pleaded guilty at the first reasonable opportunity and must benefit from this.  Your plea saves time, expense and the need for witnesses to give evidence.  I accept that you are remorseful and that your plea reflects remorse.

6       In November last you turned 25, which I accept is relatively youthful and you have no prior criminal history.  These are important matters.

7       You are Vietnamese and came to Australia as a student in August 2012.  You have undertaken studies in Australia up until the time of your arrest, but since that date, a little over six months ago, you have been in custody.

8       You have no family here in Australia and your parents in Vietnam do not know of your offending and imprisonment.

9       You maintain that you agreed to be a "crop sitter" because you had accumulated a gambling debt and needed money to pay it off.  You were paid $5,000 at the beginning and were to receive a further $5,000 at the completion of your period of service, which was almost complete.

10      Your visa, permitting you to be in Australia, is still current and is not due to expire until August 2017.

11      Your counsel conceded that immediate imprisonment had to be imposed, but submitted I should sentence you to imprisonment, combined with a community corrections order to foster your rehabilitation, principally directed at your alleged gambling habit.  As noted in discussion, the alleged gambling addiction was a matter simply asserted on instructions.

12      

In my view, the appropriate penalty is a term of imprisonment with a

non-parole period, as indicated in discussion.

13      Prison is and will remain difficult for you.  You do not speak English, or at least do not speak it well, and have no family in Australia to support you.  To your credit, you have nevertheless been able to undertake courses in prison.

14      The critical issue is the length of the sentence and the appropriate non-parole period.  I was referred to cases directed towards these matters.  There was no issue concerning the appropriate sentencing considerations.

15      

You will be convicted and sentenced to 21 months' imprisonment.  I fix

12 months as the period you must serve before being eligible for release on parole.

16      You have served 191 days in pre-sentence detention and this period is to be reckoned as time already served on the sentence I have imposed.

17      I will make the disposal order sought.

18      

Had you not pleaded guilty, I expect I would have sentenced you to about

30 months' imprisonment and fixed a non-parole period of about 21 months.

19      Is there anything arising out of those comments? 

20      COUNSEL:  No, Your Honour.

21      HIS HONOUR:  All right.  I will leave the Bench.  Thank you. 

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