R v Dinh [2021] NSWDC 678

R v Dinh [2021] NSWDC 678

Although the offence involved a large, organised commercial cannabis cultivation with 2,441 plants and required full-time imprisonment, the offender's role was limited and close to that of a crop sitter, foot soldier or hired labourer. With a 25% discount for the guilty plea, prior good character, remorse, low risk of reoffending, good rehabilitation prospects, harsh pandemic custody conditions, first time in custody and relative youth supporting special circumstances, the appropriate sentence was imprisonment for 28 months with a non-parole period of 18 months.

Jurisdiction
Australia
Judgment Date
26 November 2021
Procedural Posture
Criminal Sentencing / Sentence Following Plea of Guilty
Outcome
The offender was convicted of cultivating a prohibited plant in excess of the large commercial quantity and sentenced to imprisonment for 28 months with a non-parole period of 18 months. For possessing a prohibited drug, he was convicted with no further penalty pursuant to s 10A of the Crimes (Sentencing Procedure)...
Legal Topics
['cultivating a Prohibited Plant in Excess of the Large Commercial Quantity' 'possessing Cannabis' 'aggravating Factors' 'mitigating Factors' 'objective Seriousness' 'plea of Guilty' 'special Circumstances' 'imprisonment']
['criminal Law' 'sentencing'] ['cultivating a Prohibited Plant in Excess of the Large Commercial Quantity' 'possessing Cannabis' 'aggravating Factors' 'mitigating Factors' 'objective Seriousness' 'plea of Guilty' 'special Circumstances' 'imprisonment']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentence Following Plea of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for cultivating 2,441 cannabis plants contrary to s 23(2)(a) of the Drug Misuse and Trafficking Act 1985.' "Whether the offender's role, prior good character, remorse, rehabilitation prospects, hardship in custody, plea of guilty and special circumstances affected the sentence." 'How to deal with the related offence of possessing 9.1 grams of cannabis on a s 166 certificate.']

Ratio Decidendi

Although the offence involved a large, organised commercial cannabis cultivation with 2,441 plants and required full-time imprisonment, the offender's role was limited and close to that of a crop sitter, foot soldier or hired labourer. With a 25% discount for the guilty plea, prior good character, remorse, low risk of reoffending, good rehabilitation prospects, harsh pandemic custody conditions, first time in custody and relative youth supporting special circumstances, the appropriate sentence was imprisonment for 28 months with a non-parole period of 18 months.

Court Disposition

The offender was convicted of cultivating a prohibited plant in excess of the large commercial quantity and sentenced to imprisonment for 28 months with a non-parole period of 18 months. For possessing a prohibited drug, he was convicted with no further penalty pursuant to s 10A of the Crimes (Sentencing Procedure)...

Orders

  • ['Sequence 2: The offender is convicted of cultivate prohibited plant >= large commercial qty.' 'Sequence 2: Taking into account a discount of 25% for the plea of guilty, a sentence of imprisonment of 28 months is imposed, to commence on 27 April 2020.' 'Sequence 2: A non-parole period of 18 months is imposed,...