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DPP seeks review of sentences imposed on legal Vietnamese immigrants for cannabis offences
Summary
In February 2016 the Director of Public Prosecutions applied to the Court of Appeal for a review of the prison sentences handed to three Vietnamese nationals convicted of cannabis offences in 2011. Choung Vu, aged 45, was found guilty of cultivation, possession and possession for sale of cannabis at Ballinlough, Kells, Co. Meath. He was sentenced on 8 July 2015 to six years' imprisonment, with the final three years suspended. Kham Tu, aged 61, pleaded guilty to cultivation and received a four‑year sentence, the last two‑and‑a‑half years suspended, consecutive to a sentence imposed a day earlier in Naas Circuit Court. Tuan Cong Le, aged 53, pleaded guilty to unlawful possession and was sentenced to four years, with the final three years suspended. The DPP argued the sentences were "unduly lenient", citing that the defendants were legally resident in the jurisdiction and not under duress, unlike comparable cases involving illegal migrants or trafficked individuals.
Who, what, where, when and why
What: Report matter: DPP seeks review of sentences imposed on legal Vietnamese immigrants for cannabis offences. Charges or matters: cultivation and Tuan Cong Le (53) had pleaded guilty to unlawful possession of the drug on the same occasion; unlawful possession of the drug on the same occasion. Procedural stage: appeal. Findings: Found guilty
When:
- July 2011 Incident
- July 8, 2015 Incident
- 2016-02-01 Publication
Case subjects
Appellant
Charges: cultivation and Tuan Cong Le (53) had pleaded guilty to unlawful possession of the drug on the same occasion (Proven)
Finding: Found guilty
Outcome: Found guilty; On July 8, 2015, Judge Francis Comerford sentenced Choung Vu to six years imprisonment with the final three suspended, Kham Tu to four years imprisonment with the final two-and-a-half suspended consecutive to a sentence imposed one day earlier in Naas Circuit Court and Tuan Cong Le to four years imprisonment with the final three suspended.
Convicted Person
Charges: cultivation and Tuan Cong Le (53) had pleaded guilty to unlawful possession of the drug on the same occasion (Admitted)
Plea: Guilty
Outcome: On July 8, 2015, Judge Francis Comerford sentenced Choung Vu to six years imprisonment with the final three suspended, Kham Tu to four years imprisonment with the final two-and-a-half suspended consecutive to a sentence imposed one day earlier in Naas Circuit Court and Tuan Cong Le to four years imprisonment with the final three suspended.
Convicted Person
Charges: unlawful possession of the drug on the same occasion (Admitted)
Plea: Guilty
Outcome: On July 8, 2015, Judge Francis Comerford sentenced Choung Vu to six years imprisonment with the final three suspended, Kham Tu to four years imprisonment with the final two-and-a-half suspended consecutive to a sentence imposed one day earlier in Naas Circuit Court and Tuan Cong Le to four years imprisonment with the final three suspended.
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