R v Chien; R v TA [2023] NSWDC 235

District Court New South Wales

Medium Neutral Citation: R v Chien; R v TA [2023] NSWDC 235 Hearing dates: 19 June 2023 Decision date: 30 June 2023 Jurisdiction: Criminal Before: Newlinds DCJ Decision: Tran Quyet Chien (1) For the offences of cultivating a prohibited plant pursuant to s 23(2)(a) of the Drug Misuse and Trafficking Act 1995, the Offender is sentenced to an aggregate sentence of imprisonment of 18 months with a minimum non-parole period of 13 months. (2) For the offence of possessing $175.00 in cash the Offender is convicted but no sentenced imposed. (3) The sentence is to commence on 25 August 2022. (4) The first date the Offender is eligible for parole is 24 September 2023. Quang Trung Ta (1) For the offence of cultivating a prohibited plant pursuant to s 23(2)(a) of the Drug Misuse and Trafficking Act 1995, the Offender is sentenced to 18 months imprisonment with a minimum non-parole period of 13 months. (2) For the offence count of possessing property ($1,290.00) the Offender is convicted but no sentence imposed. (3) The sentence is to commence on 25 August 2022. (4) The first date the Offender is eligible for release is 24 September 2023. Legislation Cited: Crimes Act 1900 (NSW), s 193C(2) Crimes (Sentencing Procedure) Act 1999, s 21A(2), s 21A(3), s 3A, s 25D(2)(a) Drug Misuse and Trafficking Act 1985, s 23(2)(a) Cases Cited: R v Akeljic (CCA (NSW)), 17 December 1981, unreported) R v Catanzarita (CCA (NSW)), 31 October 1997, unreported); R v Le Cerf (1975) 13 SASR 237; 1 ALR 349 Category: Sentence Parties: Rex (Crown) Tran Quyet Chien (Offender) Quang Trung Ta (Offender) Representation: Counsel: D Panagiotopoulos (Crown) P Adams (Offender Chien) G Gould (Offender Ta) Solicitors: Office of the Director of Public Prosecutions (Crown) P Adams (Tran Quyet Chien) G Gould (Quang Trung Ta) File Number(s): 2022/253380 2022/290113 Publication restriction: None