R v Vu [2020] NSWDC 955

R v Vu [2020] NSWDC 955

Given the offender's early guilty plea, low risk of reoffending, unique subjective circumstances, remorse, and rehabilitation efforts, an intensive corrections order for 18 months with 200 hours of community service is appropriate instead of a full-time custodial sentence for the charge of cultivating prohibited plants in a commercial quantity.

Parties
Offender: Tien Dung Vu; Prosecution: R (Crown NSW)
Jurisdiction
Australia
Judgment Date
29 October 2020
Procedural Posture
Criminal / Sentencing
Outcome
Conviction; sentence of one year and six months imprisonment to be served by way of intensive correction in the community with conditions.
Legal Topics
Cultivation of Prohibited Plants, Sentencing, Intensive Corrections Order, Commercial Quantity of Cannabis, Subjective Factors in Sentencing
Criminal Law Cultivation of Prohibited Plants Sentencing Intensive Corrections Order Commercial Quantity of Cannabis Subjective Factors in Sentencing

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Parties

Tien Dung Vu

Offender

R (Crown NSW)

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for taking part in cultivation of prohibited plants not less than the commercial quantity
  2. 2 Consideration of unique subjective factors and rehabilitation potential
  3. 3 Application of intensive corrections order versus full-time custody

Ratio Decidendi

Given the offender's early guilty plea, low risk of reoffending, unique subjective circumstances, remorse, and rehabilitation efforts, an intensive corrections order for 18 months with 200 hours of community service is appropriate instead of a full-time custodial sentence for the charge of cultivating prohibited plants in a commercial quantity.

Court Disposition

Conviction; sentence of one year and six months imprisonment to be served by way of intensive correction in the community with conditions.

Orders

  • You must not commit any offence.
  • You must submit to supervision by a community corrections officer.