A new mother has been jailed for two-and-a-half years for growing five times the commercial quantity of cannabis at a Miners Rest house last year.
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Anh Luu, 22, Trong Vu, 33 were arrested in June 2018 after a long-running investigation into clandestine cannabis growers across the Ballarat region.
The Vietnamese couple were arrested at a Baxter Street address after police uncovered 54 cannabis plants weighing 129.5 kilograms.
Luu, who gave birth to a baby in custody in August, was sentenced at the County Court in Ballarat on Thursday after she pleaded guilty to cultivating a commercial quantity of cannabis.
Judge Michael McInerney described the offending as serious, given the charge carried a maximum penalty of 25 years in jail.
He said it was unclear of Luu's precise role at the grow house but "clearly she was living in the premises, she was aware of what was going on and has pleaded guilty on that basis".
The court was told Luu's co-accused, Vu, bought the property in November 2017 and Luu moved in two months later. The cannabis was grown over six months from January 10 to June 20, 2018.
The pair were located at the property after police executed a search warrant on June 20, 2018.
The judge said he accepted a number of factors in relation to the case, including Luu's age, her time already served on remand, the birth of her baby and living in Australia without family.
"I accept that there was a particular role played by the co-accused in this matter. I accept the circumstances you found yourself pregnant and you could not go home and that you stayed together with your co-accused to try and make your relationship work, considering you were pregnant," Judge McInerney said.
At the plea hearing, the defence counsel urged the court to sentence Luu to time already served, saying her family intended to support her and her child and she had completed various courses in custody.
The prosecution did not accept Luu's pre-sentence detention of 372 days was sufficient.
Judge McInerney sentenced Luu to two-and-a-half years' jail with a non-parole period of 15 months. The court declared 372 days of the sentence has already been served.
If Luu did not plead guilty, the judge said she would have received three-and-a-half years in jail with a minimum of two years and four months.
The court was told Luu, who arrived in Australia in 2014 on a student visa to study business, planned to return to Vietnam and live with her family after her sentence is served.
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