R v Bui

[2020] NSWDC 119

District Court

New South Wales

Medium Neutral Citation:	R v Bui [2020] NSWDC 119
Hearing dates:	28 February 2020
Date of orders:	28 February 2020
Decision date:	28 February 2020
Jurisdiction:	Criminal
Before:	Neilson DCJ
Decision:	First offence: 3 months fixed term of imprisonment. Second offence: 1yr 9 months, NPP 1yr 3 months
Catchwords:	CRIME. SENTENCE. Drug Misuse and Trafficking Act 1985 offences contrary to sections 23(1A) and 23(2)(a) – Offender not a principal but paid to cultivate plants (first offence) and to reside in drug growing house (second offence). Prior good character. Not a drug user. Working to send money home to Vietnam.
Legislation Cited:	Crime (Sentencing Procedure) Act 1999 Drug Misuse and Trafficking Act 1985
Category:	Sentence
Parties:	Crown – Regina   Offender – Van Truong Bui
Representation:	Crown - Ms. Pinkerton   Offender - Mr. Fung
File Number(s):	2019/00002955
Publication restriction:	Nil.

Judgment

1. HIS HONOUR: Van Truong Bui stands for sentence as a consequence of having pleaded guilty to two substantive charges. He also asks me to take into account the two charges on a Form 1.

2. The offender is from Vietnam. He came to Australian in February 2015 when he was 21 years old. He came to Australia on a student visa. He told me that he was studying accounting. I do not know how this occurred but there is on the sentencing assessment report handwritten material indicating that the offender was studying at a college of advanced education and completed two of a three year course in finance.

3. The first substantive charge to which the offender has pleaded guilty is that between 29 December 2016 and 8 March 2017 at Eastwood in this State did knowingly take part in the cultivation of a number of prohibited plants, namely 88 cannabis sativa plants, which was not less than the commercial quantity applicable to that plant. However, as the matter has been argued, the Crown cannot establish that the offender knew that there were 88 cannabis plants on the property and Crown accepts that the offender knowingly took part in the cultivation of prohibited plants by enhanced indoor means for a commercial purpose in an amount no more than the commercial quantity. The commercial quantity of cannabis plants is 50. The offence to which the offender has pleaded guilty is one contrary to s 23(1A) of the Drug Misuse and Trafficking Act 1985. The maximum penalty is imprisonment for 15 years and/or a fine of 3,500 penalty units.

4. In December 2016, police commenced enquiries into the suspected cultivation of cannabis at premises at 25 Holway Street, Eastwood. On 29 December 2016, police conduced surveillance outside that property. At 7.30am a white Toyota Camry was parked outside the address and two Asian males left the vehicle. They then entered the address and stayed there for a very short period, until 7.38am, when they re-entered the vehicle. The vehicle was driven to Birchgrove where the two males began fishing. They were approached by uniformed police officers and one of the…