R v Nguyen

[2024] NSWDC 499

District Court

New South Wales

Medium Neutral Citation:

R v Nguyen [2024] NSWDC 499

Hearing dates:

12 February 2024

Date of orders:

12 February 2024

Decision date:

12 February 2024

Jurisdiction:

Criminal

Before:

Sutherland SC DCJ

Decision:

Intensive Correction Order – 14 months, at [49] – [55].

Catchwords:

CRIME — Drug offences — Enhanced indoor cultivation — Knowingly take part in enhanced indoor cultivation — Large commercial quantity — Cannabis

Legislation Cited:

Crimes (Sentencing Procedure) Act 1999 (NSW)

Drug Misuse and Trafficking Act 1985 (NSW)

Cases Cited:

DG v R (No 1) [2023] NSWCCA 320
Lai v R [2021] NSWCCA 217
Mandranis v R [2021] NSWCCA 97
R v Olbrich [1999] HCA 54; 199 CLR 270; 166 ALR 330
R v Qutami [2001] NSWCCA 353; (2001) 127 A Crim R 369
R v McHugh (1985) 1 NSWLR 588

Texts Cited:

Nil

Category:

Sentence

Parties:

Director of Public Prosecutions (NSW) (Crown)
Van Hieu Nguyen (Offender)

Representation:

Counsel:
I Kato (Crown)
R Steward (Offender)

Solicitors:
Director of Public Prosecutions (NSW) (Crown)
AKN & Associates (Offender)

File Number(s):

2022/00303396

Publication restriction:

Nil

EX TEMPORE REVISED JUDGMENT

1. Van Nieu Nguyen appears before this Court following his entering of a plea of guilty to one offence contrary to s 23(2)(a) of the Drug Misuse and Trafficking Act 1985. That section creates an offence of knowingly taking part in the cultivation of more than a large commercial quantity of cannabis. As a consequence it carries a maximum penalty of 20 years imprisonment and there is a standard non-parole period prescribed by Parliament of 10 years.

2. Mr Nguyen entered his plea of guilty in the Local Court and it is agreed that he is entitled to the full 25% discount applicable to the early entry of that plea.

3. The facts are set out in an Agreed Statement of Facts which I propose to paraphrase comparatively succinctly. The aptly named Strike Force Grassy was an ongoing investigation carried out by a particular division of the New South Wales Police. It was focused on the use of premises for what is described as the enhanced indoor cultivation of cannabis by means of hydroponics.

4. In July 2022 investigators became aware of premises at 15 Greenbank Street, Hurstville in which it was suspected cannabis plants were being cultivated. It had the customary indicia of a level of disguise as to what was going on, or concealment as to what was going on inside the premises and the customary bypassing of electricity for the ongoing supply of that necessary assistance for the lighting and heating in the house where the hydroponics were being pursued.

5. Police made observations on a number of days in July and August 2022 and observed a vehicle turned up on a number of different occasions, and a person go from that vehicle into the premises. It is not suggested that person was the offender and indeed it is agreed in the Facts that there is no evidence that that person was the offender.

6. Eventually on…