R v Vu [2019] NSWDC 969

District Court New South Wales

Medium Neutral Citation: R v Vu [2019] NSWDC 969 Hearing dates: 12 June 2019 Date of orders: 12 June 2019 Decision date: 12 June 2019 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Imprisonment of 1 year 9 months served subject to an Intensive Correctional Order Catchwords: CRIME — Drug offences — Cultivate prohibited plant — Knowingly take part in cultivation SENTENCING — Mitigating factors — Early plea of guilty — Role of offender — Crop sitter SENTENCING — Penalties — Short period in custody on remand — Intensive correction orders Legislation Cited: Drug Misuse and Trafficking Act 1985 (NSW) Category: Sentence Parties: Ba Hiep Vu (the offender) Director of Public Prosecutions (the Crown) Representation: Counsel: M Ramage (for the offender)

Solicitors: A Cabrera – Public Prosecutions (NSW) (for the Crown) AKN & Associates (for the offender) File Number(s): 2018/166398

JUDGMENT – EX TEMPORE REVISED

Introduction 1. In mid‑June 2017, police inspected a home in suburban Coniston. Their suspicions were alerted, and a search warrant was obtained. On entry to the premises, police found an elaborate and sophisticated set up for growing hydroponic cannabis. There were seven grow rooms and close to 200 plants, not including seedlings. 2. Someone was intending to make a considerable profit from this enterprise. That conclusion is inevitable, given the cost and sophistication of the set up. 3. The police investigation revealed a mobile phone registered to Ba Hiep Vu. Vu was arrested as he was leaving Australia on 7 May 2018. There is no suggestion that he was fleeing the jurisdiction. After his arrest he submitted to forensic procedures. His DNA profile and fingerprints were matched with DNA profiles and fingerprints located at the house in Coniston. 4. On 28 May 2018 he was charged with Knowingly taking part in the Cultivation of a Commercial Quantity of Cannabis, the deeming provisions relating to enhanced indoor cultivation: s 23(2) Drug Misuse and Trafficking Act 1985 (NSW). The large commercial quantity is 200 plants. 5. In the Local Court, he entered a plea of guilty. The utilitarian value of that plea will be recognised by a reduction in the otherwise appropriate sentence of 25%. The plea has other values. It enabled this matter to be dealt with expeditiously. It filled some of the gaps in the proof already obtained by police, and further, it demonstrates, in a practical way, what all of the other material before me indicates, that Mr Vu is fundamentally a decent person who was tempted and succumbed to temptation to make easy money when in a position of debt and distress.