R v Le [2021] NSWDC 524

District Court New South Wales

Medium Neutral Citation: R v Le [2021] NSWDC 524 Hearing dates: 16 September 2021 Date of orders: 1 October 2021 Decision date: 01 October 2021 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Intensive correction order (seq 1), community correction order (seq 3). For orders see [69]. Catchwords: CRIME – cultivate prohibited plant not less than a commercial quantity – cannabis – deal with property proceeds of crime – value of property less than $100,000. Legislation Cited: Confiscation of Proceeds of Crime Act 1989 Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 Criminal Procedure Act 1986 Drug Misuse and Trafficking Act 1985 Cases Cited: Gore v R; Hunter v R [2010] NSWCCA 330 Huang v R [2017] NSWCCA 312 Kearsley v R [2017] NSWCCA 28 Mandranis v R [2021] NSWCCA 97 Nguyen v R [2011] NSWCCA 127 R v Engert (1995) 84 A Crim R 67 The Queen v Olbrich (1999) 199 CLR 270 Tran v R [2018] NSWCCA 220 Category: Sentence Parties: Director of Public Prosecutions (Crown) Hoang Hai Le (Offender) Representation: Counsel: G. Jones (Offender) Solicitor: A. Chauvet (Crown) File Number(s): 2020/335618

REMARKS ON SENTENCE 1. The offender is to be sentenced in respect of the following offences, to which he has pleaded guilty: Sequence 1 – cultivate prohibited plant not less than a commercial quantity – cannabis, pursuant to s 23(2)(a) of the Drug Misuse and Trafficking Act 1985 ("DMTA"). The maximum penalty prescribed is 15 years imprisonment or a fine of 3,500 penalty units ($385,000). There is no standard non-parole period prescribed. Sequence 3 – deal with property proceeds of crime value of the property less than $100,000 pursuant to s 193C(2) of the Crimes Act 1900. The maximum penalty prescribed is 3 years imprisonment. 1. The offending occurred between 16 October 2020 and 25 November 2020 in respect of sequence 1, and on 25 November 2020 in respect of sequence 3. The offender was arrested on 25 November 2020 and thereafter spent 35 days in custody until he was released on bail on 30 December 2020.