R v Hoang; R v Bui [2021] NSWDC 299

District Court New South Wales

Medium Neutral Citation: R v Hoang; R v Bui [2021] NSWDC 299 Hearing dates: 18 June 2021 Date of orders: 01 July 2021 Decision date: 01 July 2021 Jurisdiction: Criminal Before: Coleman SC DCJ Decision: In relation to Anh Vu Hoang: 1. For the offence of knowingly cultivate a prohibited plant by enhanced indoor means, namely cannabis, which was not less than the small quantity defined by the Drug Misuse and Trafficking Act 1985 (NSW) but less than the commercial quantity, the offender, Anh Vu Hoang, is convicted. 2. Taking into account all Form 1 matters, the offender is sentenced to full‑time imprisonment for a term of 22 months, with a non‑parole period of 16 months. That sentence is backdated to commence from the date which he was taken into custody, being 25 March 2020. The head sentence expires on 24 January 2022 and the non‑parole period expires on 24 July 2021. In relation to Trong Dung Bui: 1. For the offence of knowingly cultivate a prohibited plant by enhanced indoor means, namely cannabis, which was not less than the small quantity defined by the Drug Misuse and Trafficking Act 1985 (NSW) but less than the commercial quantity, the offender, Trong Dung Bui, is convicted. 2. Taking into account all Form 1 matters, the offender is sentenced to full‑time imprisonment for a term of 18 months, with a non‑parole period of 11 months. That sentence is backdated to take into account time already served and will commence from 17 July 2020. The head sentence expires on 16 January 2022 and the non‑parole period expired on 16 June 2021. 3. I order that the offender attend to the local parole office listed on the Sentencing Assessment Report within 3 days of the date of these orders. Catchwords: Criminal Law – Drug Misuse and Trafficking Act 1985 (NSW) 23(1A) – Co-offenders – Offenders Not Principals of Criminal Activity but Paid to Participate – Sentencing – General Sentencing Principles – Objective Seriousness – Special Circumstances Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 5, 21A(2)(n), 25D(2)(a), 44 Drug Misuse and Trafficking Act 1985 (NSW), ss 10(1), 23(1A), 23(1)(a), 33(2)(b) Electricity Supply Act 1995 (NSW), s 64(1) Cases Cited: Knight v R [2010] NSWCCA 51 Lewin v R [2017] NSWCCA 65 Nguyen v R [2007] NSWCCA 94 PH v R [2017] NSWCCA 79 R v Godden [2005] NSWCCA 160 R v Mangano [2006] NSWCCA 35 R v Melikian [ 2008] NSWCCA 156 R v Nguyen [2006] NSWCCA 389 R v Nguyen [2019] NSWCCA 209 Usher v R [2016] NSWCCA 276 Category: Sentence Parties: Regina (Crown) Anh Vu Hoang (Offender) Trong Dung Bui (Offender) Representation: Ms M Vassall, Solicitor Advocate (Crown) Mr S Fung, Solicitor (Anh Vu Hoang) Mr M Ainsworth of Counsel (Trong Dung Bui) File Number(s): 2020/93753 2020/93759 Publication restriction: N/A