R v BUI, BUI v R [2008] NSWCCA 297

New South Wales Court of Criminal Appeal

CITATION: R v BUI, BUI v R [2008] NSWCCA 297

HEARING DATE(S): 2 December 2008

JUDGMENT DATE: 12 December 2008

JUDGMENT OF: Hodgson JA at 1; James J at 2; Price J at 44

DECISION: Extension of time for appealing agasint conviction refused. Crown appeal against sentence dismissed.

CATCHWORDS: CRIMINAL LAW — Sentencing — Crown Appeal against sentence — Drug Misuse and Trafficking Act s 23A — hardship to offender's children exceptional

Crimes (Sentencing Procedure) Act LEGISLATION CITED: Criminal Appeal Act Drug Misuse and Trafficking Act Electricity Supply

R v Liberti (1991) 55 A Crim R 120 CASES CITED : R v Togias (2001) 127 A Crim R 23 R v Wall [2002] NSWCCA 42

PARTIES: Crown Thi Rien BUI

FILE NUMBER(S): CCA 2007/10053002; 2007/10053003

COUNSEL: JA Girdham - Applicant GD Wendler - Respondent

SOLICITORS: S Kavanagh, Solicitor for Public Prosecutions (Applicant Crown) AKN & Associates (Respondent)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 07/21/3369

LOWER COURT JUDICIAL OFFICER: Coorey DCJ

LOWER COURT DATE OF DECISION: 3 October 2008

IN THE COURT OF CRIMINAL APPEAL 2007/53002 2007/53003

HODGSON JA JAMES J PRICE J

FRIDAY 12 DECEMBER 2008 R v BUI, Thi Rien BUI, Thi Rien v R Judgment 1 HODGSON JA: I agree with James J. 2 JAMES J: In this matter the Crown appealed against a sentence imposed on the respondent to the Crown appeal Thi Rien Bui, a female, who I will refer to as "the respondent". At a late stage the respondent sought to raise an appeal against her conviction. 3 On 3 October 2008 in the District Court his Honour Judge Coorey sentenced the respondent for one offence, to which she had pleaded guilty, of cultivating not less then a commercial quantity of prohibited plants (cannabis plants) by enhanced indoor means and exposing children to that cultivation process. In sentencing the respondent the sentencing judge took into account an offence of unlawfully consuming electricity in contravention of s 64 of the Electricity Supply Act. The sentencing judge sentenced the respondent to a term of imprisonment for two years but made an order suspending the sentence pursuant to s 12 of the Crimes (Sentencing Procedure) Act. 4 The principal offence for which the respondent was sentenced was an offence under s 23A(2) of the Drug Misuse and Trafficking Act ("the Act"), which provides, so far as is relevant, as follows:- "(2) A person who: