R v Pham [2020] NSWDC 868

R v Pham [2020] NSWDC 868

Because the offender was a caretaker of a sophisticated hydroponic cannabis cultivation house containing 436 cannabis plants, but there was no evidence that he leased the property, set up the electrical bypass or fit-out, financed the operation, or sold the cultivated drugs, the objective seriousness was below the midrange and towards the lower range. Taking into account the early guilty plea, the Form 1 offence, the purposes of sentencing, the need for deterrence, and the offender's subjective circumstances, full-time imprisonment was the only appropriate penalty, with special circumstances justifying a reduced non-parole ratio.

Jurisdiction
Australia
Judgment Date
29 October 2020
Procedural Posture
Criminal Sentence / Sentence After Guilty Plea
Outcome
Convicted and sentenced to imprisonment for 3 years 10 months with a non-parole period of 2 years; special circumstances found; Form 1 taken into account; Seq 2 on the s166 certificate withdrawn and dismissed.
Legal Topics
['cultivate Large Commercial Quantity of Cannabis' 'form 1 Offence' 'objective Seriousness' 'special Circumstances' 'non Parole Period']
['criminal Law' 'sentencing'] ['cultivate Large Commercial Quantity of Cannabis' 'form 1 Offence' 'objective Seriousness' 'special Circumstances' 'non Parole Period']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for cultivating a large commercial quantity of cannabis.' "How the offender's role as caretaker affected the objective seriousness of the offence." 'Whether to take into account a Form 1 offence of supplying a commercial quantity of cannabis.' 'Whether special circumstances justified varying the ratio between the head sentence and non-parole period.']

Ratio Decidendi

Because the offender was a caretaker of a sophisticated hydroponic cannabis cultivation house containing 436 cannabis plants, but there was no evidence that he leased the property, set up the electrical bypass or fit-out, financed the operation, or sold the cultivated drugs, the objective seriousness was below the midrange and towards the lower range. Taking into account the early guilty plea, the Form 1 offence, the purposes of sentencing, the need for deterrence, and the offender's subjective circumstances, full-time imprisonment was the only appropriate penalty, with special circumstances justifying a reduced non-parole ratio.

Court Disposition

Convicted and sentenced to imprisonment for 3 years 10 months with a non-parole period of 2 years; special circumstances found; Form 1 taken into account; Seq 2 on the s166 certificate withdrawn and dismissed.

Orders

  • ['The offender is convicted.' 'For the offence of cultivate large commercial quantity of cannabis, the offender is sentenced to imprisonment for 3 years 10 months dating from 31 July 2019 and expiring on 30 May 2023.' 'A non-parole period of 2 years is imposed dating from 31 July 2019 and expiring on 30 July 2021.'...