R v Chien; R v TA [2023] NSWDC 235

R v Chien; R v TA [2023] NSWDC 235

The offenders, as low-level gardeners in commercial scale indoor cannabis cultivation operations without prior criminal records and showing genuine contrition, nonetheless required custodial sentences due to the seriousness of the offences and the need for deterrence; mitigating factors warranted the statutory non-parole ratio but no further reduction; convictions entered for associated possession of proceeds of crime offences, but no additional sentence imposed.

Parties
Prosecution: Rex (Crown); Offender: Tran Quyet Chien; Offender: Quang Trung Ta
Jurisdiction
Australia
Judgment Date
30 June 2023
Procedural Posture
Criminal / Sentencing
Outcome
Custodial sentence imposed with non-parole period, convictions for proceeds of crime offences with no further penalty.
Legal Topics
Sentencing, Cultivation of Prohibited Plants, Possession of Proceeds of Crime
Criminal Law Sentencing Cultivation of Prohibited Plants Possession of Proceeds of Crime

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Parties

Rex (Crown)

Prosecution

Tran Quyet Chien

Offender

Quang Trung Ta

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for cultivation of prohibited plants (cannabis) in commercial quantities by enhanced indoor means
  2. 2 Appropriate sentence for possession of cash as proceeds of crime

Ratio Decidendi

The offenders, as low-level gardeners in commercial scale indoor cannabis cultivation operations without prior criminal records and showing genuine contrition, nonetheless required custodial sentences due to the seriousness of the offences and the need for deterrence; mitigating factors warranted the statutory non-parole ratio but no further reduction; convictions entered for associated possession of proceeds of crime offences, but no additional sentence imposed.

Court Disposition

Custodial sentence imposed with non-parole period, convictions for proceeds of crime offences with no further penalty.

Orders

  • Tran Quyet Chien: Convicted. Aggregate sentence of 18 months imprisonment, non-parole period of 13 months, starting 25 August 2022. Eligible for parole 24 September 2023. Convicted for possession of $175.00 but no sentence imposed.
  • Quang Trung Ta: Convicted. Sentence of 18 months imprisonment, non-parole period of 13 months, starting 25 August 2022. Eligible for parole 24 September 2023. Convicted for possession of $1,290.00 but no sentence imposed.