A "one-trick pony" who unwittingly dealt police heroin he dug up near a Canberra childcare centre will spend at least 10 months behind bars.
In the ACT Supreme Court on Monday, Chief Justice Helen Murrell sentenced 47-year-old Van Dam Hoang to a total 21 months' prison, but said he would be eligible for parole in July 2021.
The Hawker father pleaded guilty to trafficking heroin earlier this year after undercover police foiled his drug-dealing operation, described as "not particularly sophisticated" by Chief Justice Murrell.
It's the second time Hoang has been sentenced for dealing heroin to undercover police. On the first occasion in 2016, he described his offending as "a serious error of judgement".
Chief Justice Murrell on Monday said an officer met Hoang five times between January 19 and March 2, 2020. On each occasion, she said they exchanged drugs for cash.
Their total trades amounted to nearly 143 grams, or $43,500 worth of heroin. The traffickable quantity of heroin is 5 grams.
Chief Justice Murrell said on January 21, Hoang picked something up off the ground before he approached the officer with two half-ounce balls of heroin. Police documents previously tendered in court said Hoang picked the item up in front of the Southern Cross Early Childhood School at Scullin.
On another occasion, the judge said Hoang dug the drugs out of a garden bed, which the police documents said was at the intersection of Ross Smith Crescent and Holyman Street near the childcare centre.
Hoang was arrested in March after he arranged to meet the officer at Belconnen High School oval and sell drugs.
Hoang's lawyer Michael Kukulies-Smith on Monday said his client was essentially a "middle-man" - "a facilitator between a street dealer and someone higher up the chain".
Mr Kukulies-Smith said Hoang was a one-trick pony who only knew how to access heroin because of old connections, but didn't store a supply of the drugs or appear to have extreme wealth. He said someone higher up than Hoang buried the drugs, he just knew where they were and dug them up.
"We don't see lavish cars, we don't see a number of electronics," Mr Kukulies-Smith said.
The lawyer said the deals wouldn't have happened if police didn't contact Hoang, but prosecutor Katrina Marson said the Vietnamese expatriate was already set up to accommodate them.
Chief Justice Murrell said she had no choice but to sentence Hoang to a period of full-time imprisonment, particularly since he'd already been sentenced for a very similar offence.
Hoang's total jail term expires on June 9, 2022.
As of Monday, he had already spent 18 days in custody.
