R v CHEN [2023] NSWDC 554

R v CHEN [2023] NSWDC 554

The offending was assessed as mid-level serious, organised crime-related cultivation for profit involving planning, multiple offenders, 228 cannabis plants close to the commercial quantity, some sophistication, and a Form 1 offence. The offender was on conditional liberty, had significant prior offending, lacked genuine remorse, had poor prospects of rehabilitation, and personal and general deterrence were important. No penalty other than imprisonment was appropriate, and after a 25% guilty plea reduction the proper sentence was 2 years and 2 months imprisonment with a non-parole period of 1 year and 7 months.

Jurisdiction
Australia
Judgment Date
08 December 2023
Procedural Posture
Criminal Sentence / Sentencing After Guilty Plea in the Local Court
Outcome
Offender convicted and sentenced to imprisonment; special circumstances declined.
Legal Topics
['cultivate Prohibited Plant' 'knowingly Take Part in Cultivation' 'form 1 Offence' 'participating in a Criminal Group' 'breach of Conditional Liberty' 'remorse' 'rehabilitation' 'general Deterrence' 'intensive Correction Order' 'special Circumstances']
['criminal Law' 'sentencing' 'drug Offences'] ['cultivate Prohibited Plant' 'knowingly Take Part in Cultivation' 'form 1 Offence' 'participating in a Criminal Group' 'breach of Conditional Liberty' 'remorse' 'rehabilitation' 'general Deterrence' 'intensive Correction Order' 'special Circumstances']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentence / Sentencing After Guilty Plea in the Local Court

Legal Issues

  1. 1 ['What sentence should be imposed for knowingly taking part in the cultivation of prohibited plants contrary to s.23(1)(a) Drug Misuse and Trafficking Act 1985 (NSW).' 'Whether the Form 1 offence of participating in a criminal group contrary to s.93T(1) Crimes Act 1900 (NSW) should be taken into account on sentence.' 'The objective seriousness of the cultivation offending, including planning, number of plants, sophistication, profit motive, and organised crime connection.' 'Whether the offender was genuinely remorseful and what findings should be made about rehabilitation and risk of reoffending.' 'Whether any penalty other than imprisonment, including an Intensive Correction Order, was appropriate.' 'Whether special circumstances should be found.']

Ratio Decidendi

The offending was assessed as mid-level serious, organised crime-related cultivation for profit involving planning, multiple offenders, 228 cannabis plants close to the commercial quantity, some sophistication, and a Form 1 offence. The offender was on conditional liberty, had significant prior offending, lacked genuine remorse, had poor prospects of rehabilitation, and personal and general deterrence were important. No penalty other than imprisonment was appropriate, and after a 25% guilty plea reduction the proper sentence was 2 years and 2 months imprisonment with a non-parole period of 1 year and 7 months.

Court Disposition

Offender convicted and sentenced to imprisonment; special circumstances declined.

Orders

  • ['The offender is convicted.' 'After reducing the sentence by 25%, the sentence imposed for the cultivate offence, taking into account the offence on the Form 1, is 2 years and 2 months imprisonment with a non-parole period of 1 year and 7 months to date from 8 December 2023.' 'The offender will be released on...