Cultivation of a Commercial Quantity of Narcotic Plant

KEY
CQ / Commercial quantity (as defined in Drugs, Poisons and Controlled Substances Act 1981 (Vic) and Criminal Code Regulations 2002 (Cth))
LCQ / Large commercial quantity (as defined in Drugs, Poisons and Controlled Substances Act 1981 (Vic))
SQ / Small quantity (as defined in Drugs, Poisons and Controlled Substances Act 1981 (Vic))

Principal offence covered in this table:

- Cultivation of a commercial quantity of a narcotic plant (maximum penalty: 25 years’ imprisonment)

Case / Date / Disposition Type / Head Sentence / Orders / Individual Sentences / Plea / Offence / Appeal Status
Faro [2016] VCC 1460
Offender 1 / 3 October 2016 / Custodial / 90 months (7 years and 6 months)
NPP – 60 months (5 years)
$3200 fine / Cultivation of a commercial quantity of narcotic plant (6 years and 6 months);
Cultivation of a narcotic plant (3 years);
Possession of substance, material, documents or equipment for trafficking in a drug of dependence (1 year);
Possession of prohibited weapon ($1000 fine);
Non-prohibited person in possession of a silencer without a permit ($1000 fine);
Possession of controlled weapon ($500 fine); Possession of firearm that was not stored in secure manner ($500 fine); and
Possession of a drug of dependence ($200 fine). / NG / Offending – 131 cannabis plants weighing 196 kg (7.84 x CQ; 0.78 x LCQ) located in two factories at property with sophisticated set up. Set up contained purpose-built rooms, reticulated hydroponic watering and feed systems, hydroponic lighting, cooling and exhaust systems, and partial electricity bypass. Expensive and unusual equipment. Techniques adopted to avoid detection. Multiple offenders involved, including crop-sitters and managers. O1 had control of property, set it up and remained involved for six and a half years. O1 was eventually able to franchise it and receive fees in relation to business being conducted there. O2 assisted in cultivation. Offending at higher range. For 3 years and 4 months Os also involved in construction and setting up of another operation at a second property. No plants seized. Significant expected yield (documents revealed yield of 24.5 kg of dry cannabis (0.98 x CQ) valued at $140,400). O2’s role not continuous, aiding and abetting O1, assisting with various constructions and dismantling operation. O1 and another offender joint principals and joint beneficial owners of property. Sophistication. O1 shared his knowledge, supplied materials and provided access to more sophisticated, specialised and expensive equipment in relation to both properties. When police investigated first property, equipment was moved from second property to another property as O1 wanted to ensure it was secreted and secure. O1 also in possession of small amount of cannabis, bayonet, dagger, baton, silencer and a firearm that was in case in wardrobe that was not secured.
Offender 1 – No prior convictions, no pending matters, 53 y male, motivated by significant financial reward, high moral culpability, prior good character, support of family, O1 to be sentenced in different and more severe manner than co-offenders, fair rehabilitation prospects.
Nguyen [2017] VCC 323 / 24 March 2017 / Custodial / 78 months (6 years 6 months) imprisonment
NPP – 54 months (4 years 6 months)
$200 fine / Cultivation of a commercial quantity of narcotic plant (6 years 6 months); and
Possession of a controlled weapon ($200 fine) / G (early) / Offending – O was a hands-on principal cultivator of cannabis plants in rural Victoria in a large shop for three months. O had dealings with a drug syndicate, and received instructions and payments from a major player within the syndicate to cultivate the cannabis.
Police had searched the shop and found a cannabis production factory on an industrial scale. Police arrested O and on his phone found discussions about the harvest of more cannabis plants. In total, there were 127.16 kg of cannabis in various stages of growth, harvest and packaging (5.09 x CQ; 0.51 x LCQ).
Important principal cultivator well-embedded in entrepreneurial drug trade. Sophisticated cultivation methods.
Offender – prior conviction for supply drug offence, 63 y male, custody more burdensome due to limited English
Nguyen [2018] VCC 175
Offender 1
Offender 2 located in Cultivation of a narcotic plant / 26 February 2018 / Custodial / 72 months (6 years) imprisonment
NPP – 45 months (3 years 9 months) / Cultivation of a commercial quantity of a narcotic plant / G (early) / Offending – O1 and O2 were part of a cannabis-growing syndicate, with O1 operating in a middle management role with supervision and other significant responsibility.
In total, O1 had responsibility for six residences which contained sophisticated hydronic systems and electrical bypasses. O1 also involved his sister and son in assisting him look after the crops.
Police searched all six properties and discovered 622 semi-mature cannabis plants weighing a total of 229.83kg (9.19 x CQ, 0.92 x LCQ).
Offender 1 – no prior convictions, 54y male, motivated by financial gain, limited English skills, isolation in custody, likelihood of deportation, good prospects of rehabilitation.
Lim [2018] VCC 513 / 1 March 2018 / Custodial / 66 months (5 years 6 months) imprisonment
NPP – 42 months (3 years 6 months) / Cultivation of a commercial quantity of a narcotic plant x 2 (rolled-up x 1) (3 years 6 months, 3 years) / G / Offending – O had arranged to rent five factories as guarantor, and was responsible for the management, operation and maintenance of the factories. O had done so using false documents provided to the lessors.
Police searched four of the factories and discovered sophisticated hydroponic setups and electrical bypasses. In total there were 867 plants weighing 238.85kg over the four properties (9.55 x CQ, 0.96 x LCQ).
Police also searched a fifth factory and discovered 809 cannabis plants weighing 237.66kg (9.51 x CQ, 0.95 x LCQ).
Offender – no prior convictions, 56y male, increased custodial burden, good work history, carer for children, first time in adult custody.
Bird
[2016] VCC 762 / 1 June 2016 / Custodial / 60 months (5 years)
NPP – 33 months (2 years and 9 months) / Cultivation of a commercial quantity of a narcotic plant (5 years); and
Possession of a drug of dependence x 2 (7 days x 2). / G (early) / Offending – Police located cannabis crop at property where O was residing. Serious crop surrounded by wire fence and camouflaged with hessian. Well-developed plants. Crop had been tended over a significant period. 564 individual cannabis plants (5.64 x CQ; 0.56 x LCQ) in numbered pots were located that were connected to sophisticated watering system. Dismantled crop weighed 1400.96 kg. Air-dried weight of leaf and heads would have been 250 - 300 kg. O took responsibility for entire operation. O intended to cultivate at least commercial quantity. If sold by ounce crop was worth $2 million. Possession of cannabis.
Offender – Prior drug convictions, 65 y male, burdensome imprisonment due to medical conditions, O will undergo sentence with fear that O’s partner will not be able to remain in Australia, support of family, good work record.
Chung [2016] VCC 1830
Offender 2 / 7 Nov 2016 / Custodial / 60 months (5 years)
NPP - 30 months (2 years and 6 months) / Cultivation of a commercial quantity of a narcotic plant (4 years and 6 months);
Trafficking in a drug of dependence (1 year); and
Breach of suspended sentence (restoration of 1 year suspended sentence).
Breach of CCO (proven) and re-sentenced on original offences:
Deception (3 months). / G (early) / Offending – Os and others in joint criminal enterprise to cultivate and traffick cannabis on very large scale. Carefully planned and managed sophisticated hydroponic cultivation business. Os involved in procuring of rental properties for purpose of cultivating cannabis. O1 one of principals and was engaged in business on large scale for 6 months. O2 and O3 became involved one month later. Each O directly involved in 12 properties (some overlap between properties). O1 involved in setting up of hydroponic cannabis cultivations and making arrangements with crop sitters and managers of respective properties. Total number of 1255 plants weighing 272.41 kg and 26.8 kg of loose dried cannabis located in properties in which O1 involved (total weight: 299.21 kg (1.2 x LCQ)). Cultivation in which O1 involved was for purpose of trafficking. Over 2 months O1 also attempted to arrange supply of heroin to undercover police. O1 supplied heroin to co-offender who sold it to undercover police. First arranged supply of 166.6 g was cancelled as O1 was unable to obtain supply. On two other occasions O1 provided co-offender with 166.6 g of heroin at 60% purity that was sold to undercover police for $60,000 and just under 350 g of heroin at 70% purity (total of 515.5 g (1.03 x TQ; 0.52 x LCQ)). O1 also purported to set up another hydroponic cannabis cultivation factory and O1 supplied undercover police with two false driver licences that he could use as proof of identification in order to lease premises for cultivation purposes. Undercover police paid $4,000 for licences. O2’s main role was to procure rental properties and he had some involvement with managers and crop sitters. 901 plants weighing just under 294 kg (1.18 x LCQ) located in properties in which O2 involved. O2 received between $800 - $2,000 a month. O2 significantly less culpable than O1. O2 also made agreement to sell 20 pounds of dried cannabis for $2,450 per pound. No evidence that arrangement was concluded. O2’s offending breached CCO (O2 completed all requirements of CCO). O3’s role was to inspect properties to confirm that they were suitable for the purpose of cultivating cannabis, to procure at least one property and in the clean-up of properties. 967 cannabis plants weighing 251.49 kg (1.01 x LCQ) located in properties in which O3 involved. O3 paid between $500 - $700, per house, per month (total of $35,000). O3 much lower role than O1.
Offender 2 – Prior convictions, onerous custody due to anxiety, depression, and medical problems, 69 y male, financial motive, chronic and serious gambling addiction, admissions, co-operation, remorse, work history, additional burden knowing that wife and elderly mother will struggle in his absence, remorse, excellent prospects of rehabilitation in relation to drug re-offending.
Offender 1
Nguyen [2018] VCC 559 / 24 April 2018 / Custodial / 57 months (4 years 9 months) imprisonment
NPP – 30 months (2 years 6 months) / Cultivation of a commercial quantity of a narcotic plant / G (late) / Offending – O was arrested at a house which had a sophisticated setup for cannabis production, including removal of a wall between it and the adjoining house.
Police found 394 plants at various stages of development weighing 185.28kg (7.4 x CQ, 0.74 x LCQ).
O’s role was a crop-sitter, at the lowest end of the operation. Overall operation was very significant.
Offender – no prior convictions, 47y male, motivated by financial gain, limited English skills, isolation in custody, mother terminally ill, neck injury, completion of courses.
Pham [2017] VCC 1858 / 6 December 2017 / Custodial / 54 months (4 years 6 months)
NPP – 33 months (2 years 9 months) / Cultivation of a commercial quantity of narcotic plant (rolled-up) (4 years)
Theft x 2 (9 months, 4 months) / G / Offending – Police searched O’s first property and discovered a sophisticated hydroponic setup with 90 cannabis plants weighing 119.32kg, and an electrical bypass which had stolen $8786.83 of electricity.
Police then searched O’s second property and discovered a second sophisticated hydroponic setup, with six cannabis plants weighting 4.84kg, and an electrical bypass which had stolen $1120.62 of electricity.
Total crop cultivated was 96 plants weighing 123.76kg (4.95 x CQ, 0.5 x LCQ). O was the principal, and the actual period of offending was three months.
Offender – no prior convictions, 36y male, reasonable prospects of rehabilitation, alcohol use, drug use, family support, limited English skills, likelihood of deportation. / Sentence appeal dismissed
[2018] VSCA 308
21 November 2018
Case summary
Vu [2018] VCC 193 / 1 March 2018 / Custodial / 50 months (4 years 2 months) imprisonment
NPP – 30 months (2 years 6 months) / Cultivation of a commercial quantity of a narcotic plant (4 years)
Negligently dealing with proceeds of crime x 2 (3 months, 1 month) / G / Offending – Police searched a disused function centre that O lived next door to, and discovered O and CO unloading bags of coco peat and fertiliser inside.
The centre housed a hydroponic setup, an electrical bypass, and 372 cannabis plants weighing 163.92kg (6.56 x CQ, 0.66 x LCQ). O also had $1,025 on his person and $25,950 cash in his bedroom.
O was involved in managing the crop, and organising CO in delivering hydroponic supplies and retrieving the cannabis waste, over seven months. O had been approached by an unknown person, and cultivated crops due to lack of employment prospects and precarious financial situation.
Offender – no prior convictions, 53y male, motivated by financial need, family support, good work history, previous good character, carer for children, good prospects of rehabilitation.
Lu [2017] VCC 958 / 17 July 2017 / Custodial / 48 months (4 years)
NPP – 32 months (2 years 8 months) / Cultivation of a commercial quantity of narcotic plant (3 years 9 months)
Theft (6 months) / G (early) / Offending – O’s family reported an attempted break-in to police. Police searched the house and discovered three rooms that were locked and had different rear window coverings, as well as barbed wire on fences.
Police searched the rooms and discovered a sophisticated hydroponic setup with an electrical bypass installed, and 56 cannabis plants weighing 46.39kg.
O made admissions that he had already cultivated one crop and harvested 1.3-1.8 kilograms dried cannabis and sold for $7,000. O also stole 40,761 kilowatts of electricity worth $15,199.
High moral culpability. Offending over seven months. Sole principal offender and proprietor of maximum 48.19kg cannabis total (1.93 x CQ, 0.19 x LCQ).
Offender – motivated by financial need, no prior convictions, 52 y male, physical condition, community involvement, depression, anxiety, reasonable prospects of rehabilitation
Nguyen
[2016] VCC 608 / 13 May 2016 / Custodial / 48 months (4 years)
NPP – 30 months (2 years and 6 months) / Cultivation of a commercial quantity of a narcotic plant / G (late) /

Offending – Police located 86 cannabis plants weighing 91.397 kg (3.66 x CQ; 0.37 x LCQ) and an illegal meter bypass in a house. 17 plants were mature/close to maturity. Had the remaining plants been grown to maturity, they would have been likely to yield 31 to 63 kg (air-dried weight). O’s involvement included signing lease documentation for property, attending property on multiple occasions, being aware that property was used for cannabis cultivation and providing cash payment of rent each month to estate agent. No proof that O physically tended the crops. O’s girlfriend was minder of crop. Very serious offending.

Offender – Prior drug convictions, escalation in offending, offending commenced shortly after O was sentenced on other matters, 30 y male, some remorse, clean drug screens, support of mother and wife, educated, work history, no serious mental illness, completion of courses in custody, burdensome imprisonment due to possible deportation, O aware of possibility of deportation due to prior convictions, concerns regarding O’s rehabilitation prospects.

Sentence appeal dismissed

[2017] VSCA 100
5 May 2017
case summary
Nguyen [2017] VCC 831
Offender 2 / 21 June 2017 / Custodial / 48 months (4 years)
NPP – 30 months (2 years 6 months) / Cultivation of a commercial quantity of narcotic plant x 2 (aggregate sentence – 4 years) / G (early) / Offending – O1 was a crop-sitter at two properties, one of which was owned by O2 and the other owned by O2’s stepdaughter. Both properties held a sophisticated hydroponic setup and the total number of crops in both properties was 359 cannabis crops weighing 202.78kg (8.11 x CQ; 0.81 x LCQ).
O2 had done structural alterations and an electricity bypass to facilitate the cannabis growth. Mid-range of offending.
Offender 2 – no prior convictions, 53 y male, traumatic brain injury, mental health issues, physical condition, mental health conditions leading to increased custodial burden
Chung [2016] VCC 1830
Offender 3 / 7 Nov 2016 / Custodial / 48 months (4 years)
NPP – 24 months (2 years) / Cultivation of a commercial quantity of a narcotic plant / G / Offending – Os and others in joint criminal enterprise to cultivate and traffick cannabis on very large scale. Carefully planned and managed sophisticated hydroponic cultivation business. Os involved in procuring of rental properties for purpose of cultivating cannabis. O1 one of principals and was engaged in business on large scale for 6 months. O2 and O3 became involved one month later. Each O directly involved in 12 properties (some overlap between properties). O1 involved in setting up of hydroponic cannabis cultivations and making arrangements with crop sitters and managers of respective properties. Total number of 1255 plants weighing 272.41 kg and 26.8 kg of loose dried cannabis located in properties in which O1 involved (total weight: 299.21 kg (1.2 x LCQ)). Cultivation in which O1 involved was for purpose of trafficking. Over 2 months O1 also attempted to arrange supply of heroin to undercover police. O1 supplied heroin to co-offender who sold it to undercover police. First arranged supply of 166.6 g was cancelled as O1 was unable to obtain supply. On two other occasions O1 provided co-offender with 166.6 g of heroin at 60% purity that was sold to undercover police for $60,000 and just under 350 g of heroin at 70% purity (total of 515.5 g (1.03 x TQ; 0.52 x LCQ)). O1 also purported to set up another hydroponic cannabis cultivation factory and O1 supplied undercover police with two false driver licences that he could use as proof of identification in order to lease premises for cultivation purposes. Undercover police paid $4,000 for licences. O2’s main role was to procure rental properties and he had some involvement with managers and crop sitters. 901 plants weighing just under 294 kg (1.18 x LCQ) located in properties in which O2 involved. O2 received between $800 - $2,000 a month. O2 significantly less culpable than O1. O2 also made agreement to sell 20 pounds of dried cannabis for $2,450 per pound. No evidence that arrangement was concluded. O2’s offending breached CCO (O2 completed all requirements of CCO). O3’s role was to inspect properties to confirm that they were suitable for the purpose of cultivating cannabis, to procure at least one property and in the clean-up of properties. 967 cannabis plants weighing 251.49 kg (1.01 x LCQ) located in properties in which O3 involved. O3 paid between $500 - $700, per house, per month (total of $35,000). O3 much lower role than O1.
Offender 3 – No prior convictions, male, well educated, work history, offended in order to get more money to help support his business and family, business collapsed, family home sold, loss of career, completion of courses, work and volunteering in custody, lockdown remand conditions, attacked in custody, support of family, greatest stress is being separated from family.
Offender 1
Nguyen [2017] VCC 1962
Offender 1
Offender 2 located in Possession of a drug of dependence / 14 December 2017 / Custodial / 46 months (3 years 10 months)
NPP – 30 months (2 years 6 months) / Cultivation of a commercial quantity of a narcotic plant; and
Theft (aggregate sentence - 3 years)
Cultivation of a narcotic plant (14 months)
Failing to appear (2 months) / G (early) / Offending - Police searched a house that O1 was in and discovered a sophisticated hydroponic setup with 101 cannabis plants, with loose dried cannabis, weighing 25.41kg in total (1.02 x CQ, 0.1 x LCQ), and an electrical bypass. Cultivation for purpose of sale.
O was bailed and then failed to appear at the Magistrates' Court.
Police searched a second house that O1 and O2 was at and discovered a second sophisticated hydroponic setup with 243 cannabis plants (2.43 x CQ, 0.24 x LCQ) weighing 123.278kg in total, as well as an electrical bypass.
O1 had been approached by someone who offered him money to act as a crop-sitter.
Offender 1 – no prior convictions, 40y male, financial need, family support, likelihood of deportation, isolation, limited English skills.
Serra [2018] VCC 270 / 14 March 2018 / Custodial / 46 months (3 years 10 months) imprisonment