R v Strbac [2015] NSWDC 268

R v Strbac [2015] NSWDC 268

Although the cultivation of about 100 cannabis plants was a significant commercial quantity involving a relatively sophisticated plantation and should ordinarily attract a significant sentence, the offender's case was less serious than comparable authority because of the smaller number of plants, absence of prior convictions or breach of bond, early guilty plea, remorse, good rehabilitation prospects, traumatic history, and causal connection between his addiction and offending. A starting point of two and a half years was reduced by 25% for the early guilty plea to 22 months imprisonment, making referral for assessment for intensive correction in the community appropriate.

Jurisdiction
Australia
Judgment Date
07 August 2015
Procedural Posture
Criminal Sentence / Sentencing After Guilty Plea; Referral for Assessment for Intensive Correction in the Community
Outcome
Offender sentenced to 22 months imprisonment and referred under s 69(1) of the Crimes (Sentencing Procedure) Act 1999 for assessment as to suitability for intensive correction in the community.
Legal Topics
['cultivate Commercial Quantity of a Prohibited Plant' 'cannabis Plantation' 'use Electricity Without Authority Taken Into Account on Form 1' 'guilty Plea Discount' 'intensive Correction Order Assessment' 'rehabilitation' 'moral Culpability']
['criminal Law' 'sentencing'] ['cultivate Commercial Quantity of a Prohibited Plant' 'cannabis Plantation' 'use Electricity Without Authority Taken Into Account on Form 1' 'guilty Plea Discount' 'intensive Correction Order Assessment' 'rehabilitation' 'moral Culpability']

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Procedural Posture

Criminal Sentence / Sentencing After Guilty Plea; Referral for Assessment for Intensive Correction in the Community

Legal Issues

  1. 1 ['What sentence should be imposed for cultivating a commercial quantity of cannabis plants where the offender pleaded guilty at the earliest available opportunity and asked for an offence of using electricity without authority to be taken into account.' "Whether the offender's addiction, traumatic upbringing, industrial injury, depression and financial pressures reduced moral culpability and objective seriousness." 'Whether a sentence of two years or less was appropriate so that the offender could be referred for assessment for intensive correction in the community.']

Ratio Decidendi

Although the cultivation of about 100 cannabis plants was a significant commercial quantity involving a relatively sophisticated plantation and should ordinarily attract a significant sentence, the offender's case was less serious than comparable authority because of the smaller number of plants, absence of prior convictions or breach of bond, early guilty plea, remorse, good rehabilitation prospects, traumatic history, and causal connection between his addiction and offending. A starting point of two and a half years was reduced by 25% for the early guilty plea to 22 months imprisonment, making referral for assessment for intensive correction in the community appropriate.

Court Disposition

Offender sentenced to 22 months imprisonment and referred under s 69(1) of the Crimes (Sentencing Procedure) Act 1999 for assessment as to suitability for intensive correction in the community.

Orders

  • ['Under s 69(1) of the Crimes (Sentencing Procedure) Act 1999, Stevan Strbac was referred for assessment as to his suitability for intensive correction in the community.' 'The proceedings were adjourned to Friday, 23 October 2015 at 10am before Cogswell SC DCJ in Sydney.' 'Stevan Strbac was directed to attend the...