Mordialloc shopkeeper caught with illegal tobacco, synthetic cannabis risks residency, court hears

Jon Andrews, Moorabbin Glen Eira Leader
May 2, 2018

SELLING ‘chop chop’ and ‘fake wacky baccy’ have likely seen a Mordialloc shopkeeper’s plans for permanent residency go up in smoke.

Dung Tiem Pham, 46, on April 30 pleaded guilty to possessing and selling illegal tobacco and synthetic cannabis at Moorabbin Magistrates’ Court.

The court heard police raided Pham’s Main St shop on December 5 last year, finding bags of chop chop, dozens of cigarette cartons, packets of synthetic marijuana and some resealable bags.

He admitted to possessing the items, saying people had asked him to supply them, and the idea was to “get profit”.

Police had already warned Pham in October that the laws regarding possessing synthetic cannabis-type products were set to change.

Pham’s defence lawyer said he had withdrawn the synthetic cannabis from his shelves after the advice from police, but had not yet got around to disposing of it.

He said he had been “somewhat naive” to think it was okay to sell illegal tobacco.

“Clearly he made a bad decision,” he said.

He said Pham is on a bridging visa sponsored by his wife, and the court proceedings were likely to have a very adverse impact on his permanent residency application.

Magistrate Anne Goldsbrough refuted the “naive” comment, saying Pham’s references purported him to be a well-organised, diligent businessman with excellent research skills.

She said defrauding the Commonwealth of taxes and putting the community at risk through selling dodgy products were serious charges.

She said “it wasn’t all about the dollar; it was about doing the right thing”.

Pham was given a six-month community corrections order involving 50 hours of unpaid work.

He was also placed on a 12-month good behaviour bond and ordered to pay $500 to the court fund.

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