R v Tran [2020] NSWDC 846

District Court New South Wales

Medium Neutral Citation: R v Tran [2020] NSWDC 846 Hearing dates: 26 November 2020 Date of orders: 26 November 2020 Decision date: 26 November 2020 Jurisdiction: Criminal Before: Buscombe DCJ Decision: The offender is sentenced to a term of 2 years and 3 months imprisonment and a non-parole period of 1 year and 4 months. Catchwords: CRIME — Drug offences — Cultivate prohibited plant — Knowingly take part in cultivation Legislation Cited: Drug Misuse and Trafficking Act 1985 (NSW), s 23(2)(a) Electrical Supply Act 1995 (NSW) s 64(1) Crime Sentencing Procedure Act 1999 (NSW), s 3A Category: Sentence Parties: Director of Public Prosecutions (Crown) Mr Tam Minh Tran (Offender) Representation: Counsel: Mr R Keller (Offender)

Solicitors: Ms J McWhirter (Crown) Mr L Nguyen (Offender) File Number(s): 2020/119385 Publication restriction: Nil

SENTENCE

Introduction 1. The offender stands to be sentenced having pleaded guilty to an offence that between 28 February and 21 April 2020 in South Penrith, he cultivated by enhanced indoor means a number of prohibited plants, namely, 100 cannabis sativa plants, which was not less than the commercial quantity applicable to that prohibited plant. That is an offence under s 23(2)(a) of the Drug Misuse and Trafficking Act 1985 and has a maximum penalty of 15 years imprisonment and/or a fine equivalent to 3,500 penalty units. 2. There is an offence on the Form 1 which the offender acknowledges his guilt for and asks that I take into account when I sentence him on the primary offence. That is an offence of use and consuming electricity without authority, the electricity being used in the cultivation. That is an offence under s 64(1) of the Electrical Supply Act 1995 and it carries a maximum penalty of 2 years imprisonment and/or a fine of $11,000.