VICVCC
DPP v Nguyen [2017] VCC 40
[2017] VCC 40
County Court of Victoria|2017-01-31|Before: Order J
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Source factsCourt
County Court of Victoria
Decision date
2017-01-31
Before
Order J
Catchwords
- Legislation Cited:
Source
Original judgment source is linked above.
Catchwords
Legislation Cited:
Judgment (1 paragraphs)
[1]
- Tin Trung Nguyen, you have pleaded guilty to one charge of cultivating a commercial quantity of cannabis and one charge of theft of electricity. You are still only 21 years of age. You pleaded guilty at the earliest reasonable opportunity and I accept that that is accompanied by appropriate remorse and of course you must get the utilitarian benefit of that plea of guilty. Had you been dealt with very shortly after the offending, you could of course have been eligible for a Youth Justice Order.
- You have no prior convictions and that of course is of importance. You are still a youthful or young offender. I am told from the Bar table and from my own knowledge would take the view that there is almost a certainty of you being deported from this country back to your native Vietnam. I take that into account in the sense that you, with a partner and a 16 month old child, would have to undergo the balance of this sentence with the knowledge or belief that you will probably be deported and that your small family may well be disrupted. You will also of course, in that scenario, lose the opportunities that you would have had in this country to further yourself. You are here on a student visa, which I am told has in fact expired.
- Pursuant to s.464 of the Crimes Act, I make an order that you provide a saliva sample for DNA purposes. That order having been made, I must advise you that should you refuse to provide such a sample, police may use reasonable force to take it from you.
- In this particular matter, you co-accused, your partner, received a three month sentence in the Magistrates' Court. I think parity is of no real significance in this particular sentencing set of circumstances.
- A summary of the offending has been exhibited. You arrived in Australia on a student visa some six years ago to do your VCE, as I understand it. Your partner, as I indicated, is still in Australia and is also a Vietnamese citizen.