R v Momoka [2022] NSWDC 40

R v Momoka [2022] NSWDC 40

The offending involved serious objective criminality because 632 cannabis plants were cultivated by enhanced indoor means, but the offender's role was limited to part-time crop sitting and the objective seriousness was assessed as well below the middle of the range. Although the offender was remorseful, had excellent prospects of rehabilitation, and an intensive correction order was more likely to address his risk of reoffending, the objective seriousness of the principal offence and the purposes of sentencing required full-time imprisonment. Special circumstances were established because of the offender's youth and first time in full-time custody.

Jurisdiction
Australia
Judgment Date
08 February 2022
Procedural Posture
Criminal Sentence / Sentence After Guilty Plea
Outcome
Convicted of cultivating a large commercial quantity of cannabis by enhanced indoor means and sentenced to imprisonment; no action taken on the breach of the conditional release order.
Legal Topics
['cultivate Prohibited Plant' 'large Commercial Quantity Cannabis' 'enhanced Indoor Cultivation' 'form 1 Offences' 'conditional Release Order Breach' 'intensive Correction Order' 'standard Non Parole Period']
['criminal Law' 'sentencing' 'drug Offences'] ['cultivate Prohibited Plant' 'large Commercial Quantity Cannabis' 'enhanced Indoor Cultivation' 'form 1 Offences' 'conditional Release Order Breach' 'intensive Correction Order' 'standard 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 by enhanced indoor means, taking into account two Form 1 offences.' 'Whether the sentence should be served by full-time imprisonment or by intensive correction order.' 'Whether special circumstances warranted variation of the statutory ratio between the non-parole period and parole period.' 'What action should be taken on the breach of the conditional release order.']

Ratio Decidendi

The offending involved serious objective criminality because 632 cannabis plants were cultivated by enhanced indoor means, but the offender's role was limited to part-time crop sitting and the objective seriousness was assessed as well below the middle of the range. Although the offender was remorseful, had excellent prospects of rehabilitation, and an intensive correction order was more likely to address his risk of reoffending, the objective seriousness of the principal offence and the purposes of sentencing required full-time imprisonment. Special circumstances were established because of the offender's youth and first time in full-time custody.

Court Disposition

Convicted of cultivating a large commercial quantity of cannabis by enhanced indoor means and sentenced to imprisonment; no action taken on the breach of the conditional release order.

Orders

  • ['Josefa Momoka is convicted of cultivate large commercial quantity of cannabis by enhanced indoor means.' 'Taking into account the two Form 1 offences, he is sentenced to a non-parole period of nine months to date from 27 May 2021 and expire on 26 February 2022, with a balance of parole of nine months to expire on...