DPP v Nguyen [2017] VCC 448

County Court of Victoria|2017-04-19|Before: Mr P

Anh Tuan Nguyen, you have pleaded guilty to one charge of cultivating cannabis in not less than a commercial quantity. That crime carries a maximum penalty of 25 years' imprisonment.
You are 28 years of age. You pleaded guilty at a relatively early opportunity. Your counsel assures me you have some remorse and you must, of course, get the utilitarian benefit of that plea of guilty. As I understand it there are no prior convictions either here or in Vietnam from whence you came.
Firstly, pursuant to s.464ZF I make an order that you provide a saliva sample for DNA purposes. That order having being made I must advise you that should you refuse to provide such a sample police may use reasonable force to take it from you.
You are still a relatively young man. I am advised and have no doubt that upon the completion of this sentence, whether it be at the end of the non-parole period or the head sentence, you will be deported to Vietnam. I take it into account in the sense that you will undergo the sentence having that knowledge that the endeavours that you made when you came to Australia at an earlier age as an intelligent young man are now, in my view, hopelessly compromised.
The offending is summarised that in Eastwood near Bairnsdale police raided the premises where you were residing on 17 October 2016. It would appear to have been a simultaneous raid with another one. In any event a warrant was executed and what was found in the house was the usual sophisticated hydroponic set up with great efforts made to conceal it. There were 124 plants and the total weight was something, 64.65 kilograms. As your counsel has pointed out I accept that a number of the plants were wilted and in poor condition and that may be because you were not much good at it or there could be other reasons that I am simply not aware of.

How you deal with all this when you get back to Vietnam will be a matter for you and your family.

The prospects of your rehabilitation are up to you. The risk of you re-offending in this country are zero. I do take into account that it is serious offending. It is a commercial quantity and matters of general deterrence, denunciation, appropriate punishment, must be put into effect.
Your counsel has handed me a list of comparative cases and some of which

I seem to recall, have been involved in myself and I think you sit into the middle range of all that. Accordingly, would you stand up for me now please. You can stand up now.

On the charge of cultivation, a sentence of imprisonment for a period of

24 months. I direct that you serve a minimum term of one year before becoming eligible for parole. That is probably academic. I direct that 184 days be reckoned as having been served under this sentence.

Pursuant to s.6AAA I say that but for your plea of guilty I would have given you three with a two. All right.
MR CASEMENT: As Your Honour pleases. Can I have one moment with my client?
HIS HONOUR: Yes you can. I just need to talk to you again before they take him though.
MR CASEMENT: Yes. Thank you, Your Honour.
HIS HONOUR: You are all right?
MR CASEMENT: Yes (indistinct words).
HIS HONOUR: Yes, all right, that's all right.
MR CASEMENT: I just didn't want to lose the interpreter, Your Honour.
HIS HONOUR: No, no, no that is fine. I realise that.

(At this stage the court proceeded with another matter.)

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