R v Bui, R v Bui, R v Nguyen [2019] NSWDC 398

District Court New South Wales

Medium Neutral Citation: R v Bui, R v Bui, R v Nguyen [2019] NSWDC 398 Hearing dates: 21 June 2019 Date of orders: 21 June 2019 Decision date: 21 June 2019 Jurisdiction: Criminal Before: Buscombe DCJ Decision: See paragraphs [38] to [41] Catchwords: CRIME — Drug offences — Cultivate prohibited plant — enhanced indoor means Category: Sentence Parties: Director of Public Prosecutions (Crown) Tien Duc Bui Quan Trung Bui Minh Khiem Nguyen Representation: Counsel: J Peluso (Mr Bui, Mr Bui, Mr Nguyen)

Solicitors: P Cramer (Crown) File Number(s): 2018/00235436, 2018/00235435, 2018/00288644, 2018/00235457, 2018/00288476

SENTENCE 1. HIS HONOUR: Each of the three offenders, Mr Quan Trung Bui, Mr Tien Duc Bui, Mr Minh Nguyen pleaded guilty in the Local Court and adhered to their pleas before me to an offence that on 31 July 2018 in South Penrith they cultivated by enhanced indoor means a prohibited plant; namely, cannabis sativa, being not less than the commercial quantity, namely, 142 plants. That is an offence under s 23(2)(a) of the Drug Misuse and Trafficking Act and has a maximum penalty of 15 years imprisonment and there is no applicable standard non‑parole period. Each of the offenders have, on a form 1, a further offence of use electricity without authority which relates to that particular cultivation and they ask that I take that offence into account when sentencing on the cultivation offence to which they have pleaded guilty. 2. The offenders, Mr Quan Trung Bui and Mr Minh Nguyen, also have on a form 1 another cultivation of a commercial quantity of cannabis plants offence for which they have acknowledged guilt and they ask that I take that into account when sentencing them on the primary cultivate commercial quantity offence. The facts for those form 1 offences are before me. 3. A significant distinguishing feature in this sentence between Mr Quan Trung Bui and Mr Nguyen in contrast to Mr Tien Duc Bui, is Mr Tien Duc Bui does not have the cultivate commercial quantity on the form 1 and that offence is a significant offence to have on a form 1 and must have an impact upon the sentence to be imposed on the two offenders who do have that matter on the form 1.