Courts / Roscommon / Report
Prosecutors fail to argue for review of sentences imposed on Vietnamese nationals
Summary
In 2016, the Director of Public Prosecutions sought a review of sentences for three Vietnamese nationals convicted of cannabis offences, arguing the sentences were "unduly lenient." The Court of Appeal, hearing the case on 8 February 2016, found that the Circuit Court judge had properly weighed the seriousness of the offences and the personal circumstances of the defendants. The judge had imposed six years' imprisonment with three years suspended for Choung Vu (45), four years' imprisonment with two‑and‑a‑half years suspended for Kham Tu (61), and four years' imprisonment with three years suspended for Tuan Cong Le (53). The Court of Appeal dismissed the appeal, concluding the sentences were not excessive and were proportionate to the harm and culpability involved. The court noted the defendants were legally present in the jurisdiction and did not fall into the comparative cases of illegal migrants or trafficked individuals. The decision reaffirmed the original sentencing as appropriate and justified. Kham Tu pleaded guilty. Tuan Cong Le pleaded guilty.
Who, what, where, when and why
What: Report matter: Prosecutors fail to argue for review of sentences imposed on Vietnamese nationals. 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
- 2016-02-08 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. In a cross appeal, Mr Justice Edwards said the court found Choung Vu's sentence was not excessive and the court accordingly dismissed his appeal.
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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