The Queen v Wong

[2015] ACTSC 389

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

The Queen v Wong

Citation:

[2015] ACTSC 389

Hearing Date(s):

4 December 2015

DecisionDate:

4 December 2015

Before:

Walmsley AJ

Decision:

1.    Ms Wong be convicted of cultivating a commercial quantity of a controlled plant.

2.    Ms Wong be sentenced to 11 months imprisonment, to begin on 17 June 2015.

3.    That sentence be suspended on 16 December 2015, after serving 6 months, upon Ms Wong’s entering into a Good Behaviour Order for one year.

Catchwords:

CRIMINAL LAW – Jurisdiction, practice and procedure – judgment and punishment – sentencing – cultivating a commercial quantity of a controlled plant – cannabis – supervising plants – offender facing deportation

Legislation Cited:

Criminal Code 2002 (ACT), s 616(3)

Cases Cited:

The Queen v Shrestha (1990) 173 CLR 48

Parties:

The Queen (Crown)

Pei Yeon Wong (Defendant)

Representation:

Counsel

Ms M Moss (Crown)

Ms M-A Ellis (Defendant)

Solicitors

ACT Director of Public Prosecutions (Crown)

Darryl Perkins Solicitor (Defendant)

File Number(s):

SCC 227 of 2015

WALMSLEY AJ:

1. The offender, Ms Wong, who was born on 26 March 1985, pleaded guilty in the Magistrate’s Court to one count of cultivating a commercial quantity of a controlled plant, contrary to s 616(3) of the Criminal Code 2002 (ACT). The maximum penalty for that offence is 25 years imprisonment together with, or alternatively to, a fine of up to $375,000. The offender adhered to her plea today.

1. The matter arises from the police finding her in charge of a highly sophisticated hydroponic set up at an address in Nicholls in the ACT.  There were six rooms which had been converted to facilitate hydroponic cultivation of cannabis. There was a total of 116 plants in the six rooms.  There was a harvest in various stages of processing. There was a ducting or extraction fan system set up for each room.  There was extensive electrical work, as evidenced in photographs which were before me.

1. There were various pots and sprays, and bottles connected with the nurturing of the plants.  There was a drying rack.  There were various pieces of paraphernalia consistent with their being used as part of the hydroponic process.

1. It was clear from evidence police found at the premises that she was living there.  Her DNA, for example, was found on a toothbrush and she conceded that she had been living in the premises for a month.  There were fingerprints of the offender found on lampshades in the premises. 

1. There were instructions found in the kitchen of the premises. They were in simple English and set out six weeks of instructions for the nurture and tending of the plants. In particular, they dealt with the temperatures that had to be looked for and the expected growth rates.

1. There was contact between the offender and another, who is the co-offender, who has pleaded not guilty and whose trial has not yet been held.  There was contact between those two suggesting that directions were given to the co-offender by the…