VICVCC
DPP v Pham [2017] VCC 480
[2017] VCC 480
County Court of Victoria|2017-04-24
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Source factsCourt
County Court of Victoria
Decision date
2017-04-24
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Source
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Legislation Cited:
Judgment (1 paragraphs)
[1]
- Dan Pham, you have pleaded guilty to one charge of cultivation of a narcotic plant in not less than a commercial quantity. That carries a maximum penalty of 25 years' imprisonment.
- You are now 31 years of age. You pleaded guilty at a reasonably early opportunity and you must get the utilitarian benefit of that plea. I will accept in your situation there is probably an element of remorse and I again give you the benefit of the doubt for that. As is so often the case in these matters - it is not always the case - you have no prior convictions and are here from Vietnam on a visa which has now either been expired or cancelled. I take those matters into account on your behalf. As I have mentioned, you are still only 31 years of age.
- The offending occurred in what is known as a "grow house" in Traralgon. We do not have to go through all the detail, the Crown opening has been tendered. In any event, on 28 July 2016 that grow house was raided by police. In it was a sophisticated hydroponic set-up. Clearly, you had a significant role in that, but as your counsel has quite properly pointed out, it would have been very difficult for the Crown to prove your involvement for any more than a couple of days. The period of time over which the charge that you have pleaded to has been laid is around about 12 weeks and I do take that into account.
- The house had clearly been set up for growing purposes. There had clearly been one crop already harvested, although I cannot hold you responsible for that. What police did find was 107 plants and some cannabis had already been harvested, as I understand it, with a total weight of 80.41 kg.
- In a situation such as this, you will certainly be deported. You came to Australia, I accept, with high hopes, to get a Master's in business, and that has now been totally jeopardised and I have no doubt that you will be, as I have said, deported, either at the end of the non-parole period that I set or certainly at the end of the head sentence.