R v Chu; R v Tang

District Court

New South Wales

• Amendment notes

Medium Neutral Citation:

R v Chu; R v Tang [2021] NSWDC 768

Hearing dates:

16 August 2021

Date of orders:

16 August 2021

Decision date:

16 August 2021

Jurisdiction:

Criminal

Before:

Haesler SC DCJ

Decision:

Chu - Sentenced to a term of imprisonment of 3 years 4 months. Non parole period of 2 years 2 months.

Tang - Sentenced to a term of imprisonment of 2 years 3 months. Non parole period of 1 year 5 months.

Catchwords:

CRIME - Cultivate large commercial quantity prohibited plant (cannabis);

SENTENCING- Relevant factors on sentence – guilty plea – role of offenders- uncontroversial personal histories

Legislation Cited:

Drug Misuse and Trafficking Act 1985

Cases Cited:

GAS v The Queen; SJK v The Queen (2004) 217 CLR 198; [2004] HCA 22

Nguyen v R [2011] NSWCCA 92; (2011) 208 A Crim R 432

Olbrich v The Queen (1999) 199 CLR 270; [1999] HCA 54

Siwek v R [2017] NSWCCA 178

Category:

Sentence

Parties:

Dennis Chu (the offender)
Kim Seong Tang (the offender)
Director of Public Prosecutions

Representation:

Counsel:
Mr A Booker (for the offender Tang)
Ms E Parkes, Solicitor Advocate, Legal Aid NSW (for the offender Chu)

Solicitors:
Legal Aid NSW (for the offender Tang)
Ms A Cabrera (for Director of Public Prosecutions)

File Number(s):

2020/00140483 - Dennis Chu
2020/00140506 - Kim Seong Tang

sentence – ex tempore revised

1. The sentence proceedings for Dennis Chu and Kim Seong Tang were conducted by way of virtual court. As Tang is a Malaysian national whose first language is Mandarin Chinese, we employed an interpreter throughout the proceedings. As we are experiencing interruptions because of the inadequate NBN facilities in Wollongong I will keep this judgment as short as possible.

2. There are agreed facts before the Court. The prosecution have provided comprehensive written submissions. Mr Booker of counsel who appears for Mr Tang has provided detailed written submissions, as has Ms Parkes, solicitor advocate Legal Aid, for Mr Chu. Everyone has had an opportunity to speak to their submissions.

Agreed facts

3. On 11 May 2020 Wollongong Drug Unit Police went to a rural property in Albion Park Rail. There were sheds and a number of large commercial style plastic greenhouses on the property. Inside one of the sheds were large living quarters with a kitchen, washing machine and tables. There was also an office with bunk beds, a mattress and a CCTV monitor. The monitor showed screen images of the shed and the greenhouses. Another shed held more mattresses and plastic drums of grow chemicals and soil additives. In that shed were, drying racks, fans and carbon filters and a box of cannabis stem remnants.

4. In four of the greenhouses and in a shipping container were a large number of cannabis plants. Just over 1,600 were mature plants, the rest were in various stages of growth. It is estimated that the value of the crop wholesale would be over $2,000,600. The extent of the operation is shown…