R v Govender [2020] NSWDC 551

R v Govender [2020] NSWDC 551

Although the cultivation was small scale and involved a comparatively low number of plants, it was a commercial enhanced indoor operation undertaken for profit and therefore required a custodial sentence for punishment and deterrence. After allowing for the early guilty plea, actual custody, quasi custody at Odyssey House, strong rehabilitation, and family support, the appropriate sentence was one year and five months imprisonment to be served by intensive correction in the community.

Jurisdiction
Australia
Judgment Date
23 July 2020
Procedural Posture
Criminal Sentencing for Commercial Cultivation of Cannabis Plants / Sentence After Early Guilty Plea
Outcome
The offender was sentenced to imprisonment for one year and five months, to be served by way of an intensive correction order in the community.
Legal Topics
['commercial Cultivation of Cannabis' 'enhanced Indoor Cultivation' 'intensive Correction Order' 'early Guilty Plea' 'rehabilitation' 'general Deterrence']
['criminal Law' 'sentencing'] ['commercial Cultivation of Cannabis' 'enhanced Indoor Cultivation' 'intensive Correction Order' 'early Guilty Plea' 'rehabilitation' 'general Deterrence']

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Procedural Posture

Criminal Sentencing for Commercial Cultivation of Cannabis Plants / Sentence After Early Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for a small-scale commercial enhanced indoor cultivation of cannabis plants.' 'Whether the custodial sentence should be served by way of intensive correction in the community rather than full-time custody.' 'What allowance should be made for the early guilty plea, time in custody, quasi custody, and rehabilitation.']

Ratio Decidendi

Although the cultivation was small scale and involved a comparatively low number of plants, it was a commercial enhanced indoor operation undertaken for profit and therefore required a custodial sentence for punishment and deterrence. After allowing for the early guilty plea, actual custody, quasi custody at Odyssey House, strong rehabilitation, and family support, the appropriate sentence was one year and five months imprisonment to be served by intensive correction in the community.

Court Disposition

The offender was sentenced to imprisonment for one year and five months, to be served by way of an intensive correction order in the community.

Orders

  • ['The offender is sentenced to a term of imprisonment of one year and five months from 23 July 2020.' 'The sentence is to be served by intensive correction in the community.' 'The standard conditions apply, including that the offender be of good behaviour and come to the Court if he commits any crimes.' 'The...