R v Anh Thang Tran [2017] NSWDC 357

District Court New South Wales

Medium Neutral Citation: R v Anh Thang Tran [2017] NSWDC 357 Hearing dates: 5 October 2017 Date of orders: 17 November 2017 Decision date: 17 November 2017 Jurisdiction: Criminal Before: Hatzistergos DCJ Decision: I impose a sentence of 2 years and 3 months, comprising a minimum term of 1 year and 4 months, and an additional term of term of 11 months. The sentence will commence from 8 September 2016, and the minimum term is to expire on 7 January 2017. Thereafter, the offender is to serve an additional term of imprisonment by way of parole from 8 January 2018 until 7 December 2018. Catchwords: CRIMINAL LAW – SENTENCE – cultivate prohibited plant – use electricity without authority – extent of participation in cultivation limited – likelihood of reoffending – young age – previous good character – insight into offending conduct – willingness to undertake counselling – special circumstances – prospects of reoffending Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) ss 5(1), 21A, 22, 24(a), 32 and 54A(2) Drug Misuse and Trafficking Act 1985 (NSW) s 23(2)(a) Electricity Supply Act 1995 (NSW) s 64(1) Cases Cited: Andreata v R [2015] NSWCCA 239 Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 (NSW) (No 1) of 2002 (2002) 56 NSWLR 146; [2002] NSWCCA 518 Giammaria v R; Karagiannis v R [2006] NSWCCA 63 Nguyen v R [2011] NSWCCA 92 R v Borkowski (2009) 195 A Crim R 1; [2009] NSWCCA 102 R v Mangano (2006) 160 A Crim R 480; [2006] NSWCCA 35 R v Mirzaee [2004] NSWCCA 315 R v MMK (2006) 164 A Crim 481; [2006] NSWCCA 272 R v Thomson & Houlton (2000) 49 NSWLR 383; [2000] NSWCCA 309 Category: Sentence Parties: Mr Anh Thang Tran (Offender) Regina (Crown) Representation: Solicitors: Legal Aid NSW (Offender) Solicitor for the Director of Public Prosecutions (Crown) File Number(s): 2016/270426 Publication restriction: Nil