DPP v Tuan [2017] VCC OZR

Offence: cultivation of a narcotic plant in not less than a commercial quantity.

Mr Xuan Tuan was arrested by Victoria Police running away from a residential property that had been converted for the purpose of growing cannabis.

Victoria Police executed a search warrant on the property and found 394 cannabis plants in various stages of development. Mr Tuan pleaded guilty to a charge of cultivation of a narcotic plant, namely Cannabis L., in not less than a commercial quantity contrary to section 72A of the Drugs, Poisons and Controlled Substances Act 1981 (Vic).

His Honour Judge Mullaly sentenced Mr Tuan to three years and three months’ imprisonment with a non-parole period of 18 months.

His Honour sentenced Mr Tuan as a ‘crop sitter’, that is, a person typically at the lowest end of a cultivation operation, who ensures the crop continues to grow.

In fixing the sentence, His Honour took into account, among other factors, Mr Tuan’s young age (20) and early plea of guilty.

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Page last updated: 16 September 2018