A man has been sentenced to prison after he fled from police at a Marulan property containing an alleged commercial cannabis operation.
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At Goulburn Local Court on December 16 Van The Nguyen, 27, was convicted of being found on drug premises. Nguyen appeared from custody via Audio Visual Link with the assistance of a Cantonese interpreter.
Magistrate Geraldine Beattie told the court that on June 5, 2020 Nguyen was arrested by police at a property in Marulan. She said when police attempted to execute a search warrant the accused was seen "running from police into a tunnel". She presented to the court that a 1.2km long pursuit ensued before arrest.
The magistrate told the court that police found nine 50 metre long poly tunnels on the 100 acre rural property. She said five contained 1780 cannabis plants while the remaining six tunnels were in "various states of disrepair" and contained empty plant pots.
"Also on the property was a shed that had a workbench and empty plant pots," she said.
"The residential part of the property had a kitchen, food, a fridge, laundry and a bedroom.
"The shed also had what's described as a grow room which contained 663 cannabis plants with roots and 693 plants without roots."
She said Nguyen was connected to the crime through DNA evidence found on the property. She said two swabs on a water bottle found on the kitchen table had identified Nguyen.
The magistrate told the court that a commercial quantity was defined as more than 200 plants. She said in total there were 2243 cannabis plants found on the premises which was 12 times that amount.
She said Nguyen's guilty plea was for "being on the premises, not being involved in cultivation."
"Clearly it would've been obvious the area was being used for cultivation," the magistrate said.
"There is no evidence before me of [Nguyen] doing anything to support cultivation but there is evidence of being connected to two different areas."
Solicitor Overall spoke in defense of his client. He said Nguyen's offence was "trivial". He used an analogy: "If a farmer was baling hay, it doesn't mean he was involved in milking a cow".
Magistrate Beattie said given the size of the cannabis crop, the DNA connection to the property, and that Nguyen fled from police his "presence on the premises was not trivial".
"I see no alternative to full-time custody."
Nguyen was sentenced to six months prison backdated to the time of arrest on June 5. Nguyen was expected to be released after more than six months in remand.
