R v Vo

[2016] ACTSC 157

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Vo

Citation:

[2016] ACTSC 157

Hearing Date:

4 March 2016

DecisionDate:

4 March 2016

Before:

Burns J

Decision:

See [7] – [8]

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – particular offences – attempt to participate in sale or supply of drugs of dependence – plea of guilty – criminal history – offer of assistance at co-accused’s trial – suspended sentence.

Parties:

The Queen (Crown)

Charlie Vo (Offender)

Representation:

Counsel

Mr D Sahu khan (Crown)

Mr A Doig (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

Darryl Perkins Solicitors (Offender)

File Numbers:

SCC 106 of 2015; SCC 114 of 2015

BURNS J:

1. Charlie Vo, you have entered a plea of guilty to one charge alleging that on 18 January 2015 you attempted to participate in the sale or supply of a drug of dependence, namely methylamphetamine. The essence of the charge against you is that you attended on that day at premises in Canberra with the intention of purchasing a quantity of drugs. You took with you a sum of $5,000 for that purpose.

1. The basis of the plea is that you intended purchasing drugs from your co‑accused and that a portion was for your own use with the remainder to be supplied to other drug users so as to effectively maintain your own drug habit.

1. There was apparently a very significant quantity of drugs found at the house where you were located but it is not alleged by the prosecution that you were either the owner of, or in possession, of any of those drugs at the time that police entered the premises and located you. As I understand it, the prosecution case will be that the significant quantity of drugs and other items, including money, which were located inside the premises, were the property of your co-accused.

1. You do not have a very lengthy criminal history but there are two matters, at least, on your criminal history involving the use of drugs. I take into account that those matters are from some years ago. I also take into account the fact that you are currently in employment. You are 35 years old and have the support of your family.

1. Your counsel has put to me, without any objection by the Crown, that you are depressed and I note that you have indicated a willingness to give evidence at the trial of your co-accused, which commences next Monday, 7 March 2016. I am told by the Crown that it accepts that the evidence that you give or can give is significant evidence which will greatly assist in the prosecution of your co‑accused.

1. It has been submitted to me that I can proceed by way of a suspended sentence of imprisonment. I note that you have entered a plea of guilty to this charge. It was not an early plea, albeit that it was a plea to an amended charge. Nevertheless, I will reduce, somewhat, the sentence that I would otherwise have imposed. I am prepared, because the Crown does not oppose such a course, to impose a term of imprisonment and to suspend that term of imprisonment from today.

Sentence

1. I will record a conviction in relation to the matter. You will be sentenced to 12 months imprisonment, which I have reduced by two months in order to reflect your plea of guilty and eight months for your promised assistance to the authorities in the trial of your co-accused. That sentence will commence on 23 January 2016 and it will be suspended forthwith upon you entering into a Good Behaviour Order for a period of two years with a condition, firstly, that you are to accept the supervision of the Director-General of ACT Corrective Services or that person's delegate and obey all reasonable directions of that service for a period of 12 months or such lesser period as deemed appropriate by your supervising officer.

1. I have reduced the sentence that I would otherwise have imposed by eight months in order to reflect your offer to give evidence at the trial of your co-accused. If you do not give evidence as you have promised to do then you may be brought back before this Court to be re-sentenced with respect to this matter.

I certify that the preceding eight [8] numbered paragraphs are a true copy of the Reasons for Sentence his Honour Justice Burns.

Associate:

Date: 7 July 2016