In addition to criminal charges, Ho also faces the prospect of deportation, but Judge Kiriana Tan said that was out of her hands.
“That’s for immigration and probation,” the judge said.
‘The urban cannabis cultivation boon’
Over recent years, police said they have noticed a “large increase” in commercial-scale sophisticated cannabis cultivation operations run by groups with the sole intention of supplying cannabis for profit.
The modus operandi of the operations is all similar; properties are bought or rented in the name of one of the criminal group using funds already obtained from their cannabis sales.
The electricity supply is then diverted past electricity meters, partly to disguise the large amounts of electricity being used but also to avoid paying for it.
Internal carpets and doors are removed, curtains are closed, and boards are fastened to window frames to prevent any light from escaping.
Large carbon filters are installed in the ceiling space or suspended inside rooms, while flexible ducting is utilised to connect the filters to fans that circulate air and reduce the stench emanating from the plants.
Under the lights lay sprawled out plastic pots with the plants.
The irrigation network is also complex; water, and sometimes, nutrients are fed to the plant by a network of tubes, electrical timers, pumps and containers.
Often, different rooms in the house held different-sized plants to ensure a steady supply of cannabis all year round.
Ho’s property was fitted out in that style.
‘He’s shamed himself and his family’
Ho’s lawyer Karen Quinn said her client was never paid for what he did, he was only given free food and accommodation.
As for deportation, she believed Ho would have to serve his sentence before being deported.
Before landing in New Zealand, Ho had borrowed money from friends to get his work visa, which would enable him to then send money back to his family in Vietnam.
He thought he had a job in construction lined up, but after arriving he discovered it was a scam and that there was no job.
“He was unemployed in a foreign country. His family couldn’t support him to return home. He had no money.
“He says that when he returns to his home country, he has to face his family and people he owes money to.
“He has shamed himself and his family,” she said.
Quinn said Ho’s father had since suffered a heart attack and he was now desperate to get home.
‘Far more than a minor player’
Police prosecutor Brendan Mills wasn’t buying Ho’s apparent lack of involvement.
“It’s clear from the summary of facts and evidence that Mr Ho was far more than a minor player.
“This was a commercial operation.
“Mr Ho’s involvement is somewhat more entrenched than perhaps what the defendant is saying,” he told Judge Tan.
“As for not being paid ... Mr Ho was a cog in a commercial operation and the level of commerciality is evident.”
‘No leave to apply for home detention’
Ho accepted a sentence indication in November from Judge Tan of three years’ jail with a 25% discount for his guilty plea.
Back before the judge for sentencing in April, the judge had to decide if she should issue any more discounts.
However, she sided with the police to an extent, finding that his role involved more than simply watering plants.
“There may be some cultural factors and money owed by you to others ... you may well have an obligation to pay money back home and not be able to do this.”
Quinn argued that facing deportation was also a mitigating factor, but Judge Tan said she didn’t have to consider that, but it did “shed some light” on his situation.
She declined to give a further 25%, as submitted by Quinn, and instead issued 10%, bringing his end jail term down to 23 months and one week.
Judge Tan declined Ho, who hadn’t been in New Zealand long, leave to apply for home detention.
Belinda Feek is an Open Justice reporter based in Waikato. She has worked at NZME for 10 years and has been a journalist for 21.
