R v Luu [2019] NSWDC 668

District Court New South Wales

Medium Neutral Citation: R v Luu [2019] NSWDC 668 Hearing dates: 30 October 2019 Date of orders: 08 November 2019 Decision date: 08 November 2019 Jurisdiction: Criminal Before: Abadee DCJ Decision: See paragraph 36 Catchwords: CRIMINAL – sentence – cultivate large commercial quantity of cannabis by enhanced means – consume electricity without authority – special circumstances – offender of assistance to police. Legislation Cited: Crimes (Sentencing Procedure) Act Drug Misuse and Trafficking Act 1985 (NSW) Electricity Supply Act 1995 (NSW) Cases Cited: Le v R [2019] NSWCCA 181 Ngo v R [2018] NSWCCA 181 R v DH; R v AH [2014] NSWCCA 326 R v Nong [2010] NSWDC 227 R v Sukkar [2006] NSWCCA 92 Tran v R [2018] NSWCCA 220 Category: Sentence Parties: Director of Public Prosecutions Mr K Luu Representation: Counsel: Ms Hwang for the Director of Public Prosecutions Mr Lawrence

Solicitors: Solicitor for the Director of Public Prosecutions Shukla Law File Number(s): 2018/280371 Publication restriction: Nil

sentencing remarks

Introduction 1. The offender has pleaded guilty, that on 12 September 2018, he: 1. knowingly took part in the cultivation of not less than a large commercial quantity of cannabis, namely 231 cannabis plants, by enhanced indoor means, contrary to s 23(2)(a) of the Drug Misuse and Trafficking Act 1985 (NSW); and 2. consumed electricity, without authority, contrary to s 64(1) of the Electricity Supply Act 1995 (NSW). This latter offence was a related offence on a s 166 certificate. 1. The maximum penalties for these offences, with applicable standard non-parole periods, are: 1. Cultivation offence 20 years' imprisonment and/or fine of $550,000 (SNPP of 10 years) 2. Electricity consumption offence: 2 years' imprisonment and/or fine of $11,000. 1. There is no dispute that the offender is entitled to receive a 25% discount on his sentence on account of his plea.