R v Vu [2021] NSWDC 221

District Court New South Wales

Medium Neutral Citation: R v Vu [2021] NSWDC 221 Hearing dates: 28 May 2021 Date of orders: 28 May 2021 Decision date: 28 May 2021 Jurisdiction: Criminal Before: Abadee DCJ Decision: See paragraph 43 Catchwords: SENTENCE – drug offence – cultivation of prohibited plant – consuming electricity without authority Legislation Cited: Confiscation of Proceeds of Crime Act 1989 (NSW) s 29 Crimes (Sentencing Procedure) Act 1999 (NSW) ss 3A, 5 Drug Misuse and Trafficking Act 1985 (NSW) ss 23, 39F Electricity Supply Act 1995 (NSW) s 64 Cases Cited: Andreata v R [2015] NSWCCA 239 Gattellari v R [2007] NSWCCA 5 Nguyen v R [2007] NSWCCA 94 R v Cheikh [2004] NSWCCA 448 R v Leroy [1984] 2 NSWLR 441 Tran v R [2018] NSWCCA 220 Texts Cited: Nil Category: Sentence Parties: Director of Public Prosecutions (NSW) Mr D Vu (the offender) Representation: Counsel: Solicitor Advocate for the Director of Public Prosecutions (NSW) Ms N Carroll for the offender

Solicitors: Ly Lawyers for the offender File Number(s): 2020/00180026 Publication restriction: Nil

SENTENCING REMARKS 1. The offender is to be sentenced following a committal from the Penrith Local Court on 13 November 2020 to a charge of cultivating 478 cannabis sativa plants (being not less than the large commercial quantity) by enhanced indoor means, contrary to s 23(2)(a) of the Drug Misuse and Trafficking Act 1985 (NSW). That offence carries a maximum penalty of 20 years' imprisonment and/or 5,000 penalty units. A standard non-parole period of 10 years' imprisonment applies to this offence. 2. The offender also requests that the Court take into account, on a Form 1, the offence of using or consuming electricity without authority, contrary to s 64(1) of the Electricity Supply Act 1995 (NSW). That offence carries a maximum penalty of 5 years' imprisonment and/or 100 penalty units.