The Court of Appeal reduced the prison sentences of Phuc Nguyen Le and Hong Thi Nguyen, who had been convicted of cultivating cannabis at an industrial unit in Kells, County Meath. The court found an error of principle in the original sentencing approach, which had placed their offences at the higher end of the gravity scale and imposed ten-year terms.
The appeal, delivered ex tempore on 13 July 2015 by Mr Justice Mahon, was against sentence severity. Both appellants had been sentenced to ten years from 19 April 2013. The final three years of Mr Nguyen’s term and the final four years and six months of Mrs Nguyen’s term had been suspended on conditions.
The Court of Appeal said the operation was sophisticated, elaborate and substantial. A Garda raid found about 29.5kg of dried cannabis, valued at €590,000, and 1,384 plants at various stages of cultivation, with a potential value of €1 million. The offences carried a maximum sentence of 14 years.
The appellants argued that the sentencing judge had not given sufficient weight to Mrs Nguyen’s lack of previous convictions, her cooperation and remorse, and the effect of imprisonment on both appellants as foreign nationals who spoke little or no English. The prosecution submitted that the value of the drugs was relevant and that the industrial scale of the operation justified sentences in the range imposed.
The appeal court accepted that the appellants had played an essential role as workers, but said they had not been involved in setting up, planning or financing the operation. Their benefit was modest income and basic living conditions. The judgment said they had been brought to Ireland to work, were vulnerable to exploitation and may not have had absolute freedom to leave. In those circumstances, the court said, the offences should not have been placed at the higher end of the gravity scale, and ten years was not appropriate.
The court substituted a five-year sentence for Mr Nguyen, with the final 12 months suspended for two years after release. Mrs Nguyen’s sentence was replaced with three and a half years, with the final six months suspended for two years after release. The court noted Mr Nguyen had a relevant UK conviction from 2007, while Mrs Nguyen had none and appeared to have cooperated to a greater extent. Appropriate bonds were required for the suspended portions. The judgment does not specify the bonds’ terms.