R v LY [2010] NSWDC 229

New South Wales District Court

CITATION: R v LY [2010] NSWDC 229

HEARING DATE(S): 7 October 2010 EX TEMPORE JUDGMENT DATE : 7 October 2010

JURISDICTION: Criminal

JUDGMENT OF: Berman SC DCJ

DECISION: Taking into account the Form 1 matter: the offender is sentenced to imprisonment. I set a non-parole period of two years and two months and an overall sentence of four years and four months.

CATCHWORDS: CRIMINAL LAW - Sentence - Cultivation of large commercial quantity of cannabis by enhanced indoor means - Form 1 - Knowingly take part in the supply of cannabis leaf - Parity - Standard non-parole period

PARTIES: The Crown Hung Phuc Ly

FILE NUMBER(S): DC 2009/00152099

COUNSEL: Mr G Gillette - Offender

SOLICITORS: Director of Public Prosecutions Legal Aid Commission

SENTENCE

1 HIS HONOUR: Hung Phuc Ly appears for sentence today having pleaded at an early opportunity to one offence of cultivating a large commercial quantity of cannabis by enhanced indoor means. When I sentenced him for that matter he asks that I take into account on a Form 1 an offence of knowingly taking part in the supply of cannabis leaf relating to twenty-eight kilograms of cannabis leaf. These offences came to light after police became aware of the activities of this offender and a number of others relating to premises in Wolseley Street, Bexley. Telephone intercepts and surveillance were undertaken. They revealed that others involved were Cai Xiong Li, Xionglu Li and Hung Tien Ly as well as this offender. Further observations revealed that Guanglong Nong was also involved.

2 Observations by police enabled them to see Cai Xiong Li placing items into a rubbish bin. That rubbish bin was taken back to the police station. It was found to contain 2.8 kilograms of cannabis leaf and a pair of white latex gloves. No one has been charged concerning that quantity of cannabis leaf.