R v Hoang; R v Bui [2021] NSWDC 299

R v Hoang; R v Bui [2021] NSWDC 299

Sentencing for both offenders is determined on the basis that each knowingly cultivated prohibited plants (cannabis) by enhanced indoor means, at a quantity not less than the small quantity but less than commercial quantity. Their respective roles were as crop-sitters and not principals. The objective seriousness for Hoang falls just below mid-range and for Bui is towards the lower end, considering role, number of plants, and circumstances. Early guilty pleas and special circumstances were recognised. Full-time sentences of imprisonment are the only appropriate penalty, incorporating discounts for guilty pleas and allowance for special circumstances—resulting in respective sentences of 22...

Parties
Crown: Regina; Offender: Anh Vu Hoang; Offender: Trong Dung Bui
Jurisdiction
Australia
Judgment Date
01 July 2021
Procedural Posture
Criminal / Sentencing
Outcome
Conviction and sentence of full-time imprisonment for both offenders, taking into account Form 1 matters. Orders for non-parole periods and parole office attendance for Bui.
Legal Topics
Drug Offences, Sentencing, Cultivation of Cannabis, Objective Seriousness, Special Circumstances, Co Offenders
Criminal Law Drug Offences Sentencing Cultivation of Cannabis Objective Seriousness Special Circumstances Co Offenders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 7 Authorities cited 15 Party arguments 2 Amounts and remedies 10
Sign in to unlock

Parties

Regina

Crown

Anh Vu Hoang

Offender

Trong Dung Bui

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for knowingly cultivating a prohibited plant by enhanced indoor means (cannabis) not less than the small quantity but less than commercial quantity under the Drug Misuse and Trafficking Act 1985 (NSW) s 23(1A)
  2. 2 Appropriate recognition of Form 1 matters in sentencing
  3. 3 Assessment of the role of offenders as crop-sitters, not principals

Ratio Decidendi

Sentencing for both offenders is determined on the basis that each knowingly cultivated prohibited plants (cannabis) by enhanced indoor means, at a quantity not less than the small quantity but less than commercial quantity. Their respective roles were as crop-sitters and not principals. The objective seriousness for Hoang falls just below mid-range and for Bui is towards the lower end, considering role, number of plants, and circumstances. Early guilty pleas and special circumstances were recognised. Full-time sentences of imprisonment are the only appropriate penalty, incorporating discounts for guilty pleas and allowance for special circumstances—resulting in respective sentences of 22...

Court Disposition

Conviction and sentence of full-time imprisonment for both offenders, taking into account Form 1 matters. Orders for non-parole periods and parole office attendance for Bui.

Orders

  • Anh Vu Hoang is convicted for knowingly cultivating a prohibited plant by enhanced indoor means and sentenced to full-time imprisonment for 22 months, non-parole period of 16 months, sentence commencing 25 March 2020, expiring 24 January 2022, non-parole period expiring 24 July 2021.
  • Trong Dung Bui is convicted for knowingly cultivating a prohibited plant by enhanced indoor means and sentenced to full-time imprisonment for 18 months, non-parole period of 11 months, sentence commencing 17 July 2020, expiring 16 January 2022, non-parole period expired 16 June 2021.