NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v Nguyen; R v Pham; R v Nguyen [2019] NSWDC 887 Hearing dates: 22 October 2019 Date of orders: 22 October 2019 Decision date: 22 October 2019 Jurisdiction: Criminal Before: Bennett SC DCJ Decision: N. A. Nguyen – sentence of imprisonment of 1 year 10 months to be served by way of ICO Pham – sentence of imprisonment of 1 year 10 months to be served by way of ICO N. B. T. Nguyen – sentence of imprisonment of 2 years 6 months with a non-parole period of 1 year 6 months Catchwords: CRIME — Drug offences — Enhanced indoor cultivation — Knowingly take part in enhanced indoor cultivation SENTENCING — Appeal against sentence — Co-offenders Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Drug Misuse and Trafficking Act 1985 Cases Cited: R v Qutami (2001) NSWCCA 353 Category: Sentence Parties: Regina (Crown) Ngoc Anh Nguyen (Offender) Van Thanh Pham (Offender) Ninh Bac Thi Nguyen (Offender) Representation: Andrew Kemp (Crown)
Robert Steward (counsel) (Offender – N. A. Nguyen) Gregory Jones (counsel) (Offender – Pham) Tim Hammond (counsel) (Offender – N. B. T. Nguyen)
Director of Public Prosecutions (NSW) (Crown) File Number(s): 2018/00264898 (N. A. Nguyen); 2018/00264904 (Pham); 2018/00264894 (N. B. T. Nguyen)
EX TEMPORE REVISED JudgEment
INTRODUCTION 1. The Court is concerned once again with the use of a dwelling house in a suburban area for the purposes of the cultivation by enhanced means of cannabis plants.
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