R v Pham

[2020] NSWDC 868

District Court

New South Wales

Medium Neutral Citation:

R v Pham [2020] NSWDC 868

Hearing dates:

29/10/20

Date of orders:

29/10/20

Decision date:

29 October 2020

Jurisdiction:

Criminal

Before:

Bourke SC DCJ

Decision:

Convicted and sentenced to imprisonment for 3 years 10 months with a NPP of 2 years (31/7/19-30/7/21). I find special circumstances. I take the Form 1 into account.

Seq 2 on the s166 certificate is withdrawn and dismissed.

Catchwords:

Crime – Sentence – Cultivate large commercial quantity of cannabis

Legislation Cited:

Crimes (Sentencing Procedure) Act 1999

Cases Cited:

Le v R [2019] NSWCCA 181

Nguyen v The Queen [2019] NSWCCA 131

Phan v The Queen [2020] NSWCCA 168

R v Zanker [2016] NSWSC 1653

Category:

Sentence

Parties:

NSW DPP – Crown
Manh Tung Pham - Offender

Representation:

Mr S Jaeger for Crown
Mr E James for Offender

File Number(s):

2019/238252

SENTENCE

1. Mr Manh Tung Pham is for sentence today in relation to an offence of cultivate large commercial quantity of cannabis. The maximum penalty for that offence is 20 years’ imprisonment, and a standard non parole period of ten years is specified. The maximum penalty and standard non parole period are important guideposts for me to have regard to in the sentencing exercise. The offender pleaded guilty at an early stage and he is entitled to a 25% discount on the sentence that would otherwise have been imposed. Before I proceed to the facts, I also note that the offender asks that in sentencing him for the cultivate offence I take into account on a Form 1 document a further offence of supply commercial quantity of cannabis.

FACTS

2. The facts I will now recite. The offence relates to a five bedroom two storey house at Greville Street, Chatswood which was being used for the cultivation of cannabis plants. The house had been leased from 1 April 2019 for six months in the name of another person who had also paid a bond of $4,800 for the property. The electricity account was also connected in the name of that other person. There is no evidence that this offender was involved in the leasing of the property. In June 2019 police received information that the house was being used for the purposes of the indoor cultivation of cannabis. As a result, a police investigation commenced. On 19 June 2019 police conducted surveillance at the house. At about 7.20pm that night they saw the offender park his Toyota Camry in the driveway. They saw him use a key to open the driveway gate and to then drive into the property and walk towards the house.

3. Just over one month later, on 24 July 2019, police again saw the offender's Toyota Camry in the driveway and saw the offender open the gate and park inside the property. After this they saw him move garbage bins from the house onto the street before then re-entering the house. About a week later, on 31 July 2019, police commenced surveillance at the house again.…