R v Eng; R v Ong [2023] NSWDC 536

District Court New South Wales

Medium Neutral Citation: R v Eng; R v Ong [2023] NSWDC 536 Hearing dates: 25 November 2022, 20 February 2023;,13 April 2023, 21 April 2023 Date of orders: 24 April 2023 Decision date: 24 April 2023 Jurisdiction: Criminal Before: King SC DCJ Decision: ENG & ONG: Convicted. Special circumstances found - 1st time in custody, need for supervised rehabilitation within the community. Sentenced to a term of imprisonment of 4 years and 6 months comprising a NPP of 3 years to commence on 21 March 2022 and expiring on 20 March 2025, upon which date he will become eligible for parole, and a balance of term of 1 year and 6 months to commence on 21 March 2025 and to expire on 20 September 2026. Catchwords: CRIMINAL – sentence - knowingly take part in the cultivation of a large commercial quantity of cannabis plants by enhanced indoor means – roles of offenders – parity – objective serious of offence – offers of assistance not accepted by police - subjective matters Legislation Cited: Drugs Misuse and Trafficking Act 1998 Migration Act 1958 Cases Cited: Bugmy v The Queen [2013] HCA 37 Chow v DPP (1992) 28 NSWLR 593 Nguyen v R [2015] NSWCCA 268 R v Tran, Tony [2017] NSWDC 397 R v Uzabeaga [2000] NSWCCA 381 Tran v R [2018] NSWCCA 220 Category: Sentence Parties: Rex Tan Chee ENG Kheng Joo ONG Representation: Counsel: ENG: Mr D Roff ONG: Mr A Ionita