R v Tan [2021] NSWDC 355

R v Tan [2021] NSWDC 355

Given the offender's guilty plea, good character, lack of prior convictions, absence of involvement in financing or establishing the plantation, and absence of promised financial reward, but balancing the large commercial quantity of cannabis, sophisticated cultivation system, general deterrence, maximum penalty and parity with co-offenders, the appropriate sentence was 29 months imprisonment with a non-parole period of 14 months and a finding of special circumstances.

Jurisdiction
Australia
Judgment Date
14 May 2021
Procedural Posture
Criminal Sentencing for Cultivate a Large Commercial Quantity of a Prohibited Plant / Sentence After Guilty Plea on Arraignment in the District Court
Outcome
Offender convicted and sentenced to 29 months imprisonment with a non-parole period of 14 months; sequence 2 withdrawn.
Legal Topics
['cultivation of Cannabis' 'large Commercial Quantity of Prohibited Plant' 'guilty Plea' 'rehabilitation' 'remorse' 'parity' 'general Deterrence' 'special Circumstances' 'imprisonment']
['criminal Law' 'sentencing' 'drug Offences'] ['cultivation of Cannabis' 'large Commercial Quantity of Prohibited Plant' 'guilty Plea' 'rehabilitation' 'remorse' 'parity' 'general Deterrence' 'special Circumstances' 'imprisonment']

Case Brief

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Procedural Posture

Criminal Sentencing for Cultivate a Large Commercial Quantity of a Prohibited Plant / Sentence After Guilty Plea on Arraignment in the District Court

Legal Issues

  1. 1 ['What sentence should be imposed for cultivating a large commercial quantity of cannabis contrary to s 23(2)(a) of the Drugs (Misuse and Trafficking) Act 1985.' "Whether the offender's guilty plea justified a discount on the term of imprisonment." 'Whether parity with co-offenders should affect sentence.' 'Whether the absence of promised financial reward differentiated the offender from co-offenders.' 'Whether special circumstances should be found.']

Ratio Decidendi

Given the offender's guilty plea, good character, lack of prior convictions, absence of involvement in financing or establishing the plantation, and absence of promised financial reward, but balancing the large commercial quantity of cannabis, sophisticated cultivation system, general deterrence, maximum penalty and parity with co-offenders, the appropriate sentence was 29 months imprisonment with a non-parole period of 14 months and a finding of special circumstances.

Court Disposition

Offender convicted and sentenced to 29 months imprisonment with a non-parole period of 14 months; sequence 2 withdrawn.

Orders

  • ['He is convicted of the offence.' 'I impose a sentence of 29 months imprisonment commencing 5 June 2020.' 'I impose a non-parole period of 14 months expiring 4 August 2021.' 'I find special circumstances, on the basis that this is his first time in custody and his conditions of custody would be more onerous than...