R v Nguyen [2021] NSWDC 650

District Court New South Wales

Medium Neutral Citation: R v Nguyen [2021] NSWDC 650 Hearing dates: 19 November 2021 Date of orders: 19 November 2021 Decision date: 19 November 2021 Jurisdiction: Criminal Before: Abadee DCJ Decision: See paragraphs 81 – 89 Catchwords: SENTENCE – drugs misuse and trafficking offence – knowingly taking part in cultivation of cannabis by enhanced indoor means – financial pressure on offender because of Pandemic – need rather than greed – offender one of four co-offenders – parity principle – whether to make Intensive Corrective Order Legislation Cited: Confiscation of Proceeds of Crime Act 1989 (NSW) s 18 Crimes (Sentencing Procedure) Act 1999 (NSW) ss 3A, 7, 17D, 66 Crimes Act 1900 (NSW) s 193C Drug Misuse and Trafficking Act 1985 (NSW) s 23 Cases Cited: Green v The Queen (2011) 244 CLR 462 Mandranis v R [2021] NSWCCA 97 Parente v R (2017) 96 NSWLR 633 R v Pullen (2018) A Crim R 509 Category: Sentence Parties: Ba Giang Nguyen (offender) Director of Public Prosecutions (NSW) Representation: Counsel: Mr R Steward for the offender Ms S Pham (solicitor advocate) for the Director of Public Prosecutions (NSW)

Solicitors: Solicitor for Public Prosecutions (NSW) AKN & Associates for the offender File Number(s): 2020/234975 Publication restriction: Nil

EX TEMPORE SENTENCING REMARKS 1. The offender appears for sentencing following a plea of guilt to the offence that on 14 May 2020 at Riverstone, he knowingly took part in the cultivation by enhanced indoor means of a prohibited plant, namely cannabis, contrary to s 23(1A) of the Drug Misuse and Trafficking Act 1985 (NSW). 2. That offence carries a maximum penalty of 15 years' imprisonment. There is no statutory non-parole period for that offence. 3. The offender also asks the Court to take into account an offence on a Form 1, of dealing in certain property, being $AUD16,000 where there were reasonable grounds to suspect were the proceeds of crime, contrary to s 193C(2) of the Crimes Act 1900 (NSW). That offence carries a maximum punishment of 3 years' imprisonment when tried at the level of indictment.