Thang Quoc Bui, 49, had been charged by police with cultivating a commercial quantity of cannabis after police found 269 cannabis plants in various stages of maturity — weighing 189.38kg — growing at a Marungi St house on November 26 last year.
The Vietnamese citizen, who had come to Australia on a temporary visa, was found to be tending to the plants in a set-up that included lighting, an irrigation system and vents.
He was released on bail on December 19 last year, with conditions that included he was not allowed to leave Australia or Victoria, he could not go to international points of departure, and that he lived in the Melbourne suburb of St Albans.
His wife also put forward a $30,000 bail surety.
On February 5 this year, Bui was stopped by Australian Federal Police as he tried to board a flight to Ho Chi Minh City in Vietnam.
He was extradited back to Victoria, and has been in custody ever since.
On September 14, Bui pleaded guilty in Shepparton Magistrates’ Court to a charge of breaching his bail conditions by leaving Victoria, attending an international airport and attempting to leave Australia.
In court his defence counsel Anh Liang said it was a “foolish position” by her client to attempt to flee Australia.
As well as landing him in custody while he awaited the cultivating charge to go through the court system, it also saw his wife lose her $30,000 bail surety.
Only four days before his September 14 magistrates’ court appearance, Bui was sentenced in the Melbourne County Court to 22 months in prison for cultivating a commercial quantity of cannabis over his role in tending the cannabis crop, and will have to serve 12 months before becoming eligible for parole.
Ms Liang told the court his earliest release date on parole on the County Court charge was January 11 next year, with the full sentence to end about November 11 next year.
She urged the magistrate to impose a sentence that did not interfere with his earliest release date, telling him her client did not have any prior convictions, did not speak English, and had not had any visitors in prison.
She also said that he did not currently have a visa to be in Australia and was likely to be deported to Vietnam when his sentence ended.
Prosecutor, Leading Senior Constable Brent O’Grady, told the court it was a “serious example” of a contravention of bail.
“He was attempting to flee the county from an indictable offence,” he said.
Magistrate Peter Mithen agreed it was a serious offence.
“You knew you weren’t to leave the state of Victoria, let alone Australia itself, yet you breached both conditions,” he said
“In relation to this offence (of contravening a bail condition), I must send a message to other people who might consider breaching their bail and leaving the country.”
Mr Mithen sentenced Bui to three months in prison — on top of the County Court sentence he was already serving.
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