R v David Lindsay JUSTIN [2013] NSWDC 163

R v David Lindsay JUSTIN [2013] NSWDC 163

The offender was convicted and sentenced on the basis that the first cultivation offence was of relatively low objective seriousness for a large commercial quantity because the quantity was low in that range and there was no evidence of intended commercial advantage, while the second cultivation offence was objectively significant because the quantity was substantial within the commercial quantity range and was committed while the offender was on bail. Taking into account general deterrence, specific deterrence, early guilty pleas, remorse, medical and psychological conditions, good rehabilitation prospects and special circumstances, the Court imposed an effective sentence of four years...

Jurisdiction
Australia
Judgment Date
22 February 2013
Procedural Posture
Criminal Sentence / Sentence After Pleas of Guilty at the Earliest Reasonable Opportunity
Outcome
Offender convicted of each matter; effective sentence of four years imprisonment with a two-year non-parole period; eligible for release to parole on 15 May 2014; s 10A conviction with no other penalty for the matter on the s 166 certificate.
Legal Topics
['cultivation of Cannabis' 'large Commercial Quantity' 'commercial Quantity' 'unauthorised Use of Electricity' 'possession of Prohibited Firearm' 'form 1 Offence' 'special Circumstances' 'parole' 'traumatic Brain Injury']
['criminal Law' 'sentencing'] ['cultivation of Cannabis' 'large Commercial Quantity' 'commercial Quantity' 'unauthorised Use of Electricity' 'possession of Prohibited Firearm' 'form 1 Offence' 'special Circumstances' 'parole' 'traumatic Brain Injury']

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Procedural Posture

Criminal Sentence / Sentence After Pleas of Guilty at the Earliest Reasonable Opportunity

Legal Issues

  1. 1 ['What sentences should be imposed for two groups of offences involving cultivation of cannabis, unauthorised use of electricity and possession of a prohibited firearm.' 'Whether the cannabis cultivation involved an intention to sell or was primarily for personal medicinal use and limited supply to friends.' 'How objective seriousness should be assessed for the large commercial quantity and commercial quantity cultivation offences.' 'Whether special circumstances applied because of accumulation of sentences, traumatic brain injury, psychological problems and first significant period in custody.' 'What allowance should be made for pleas of guilty at the earliest reasonable opportunity and prospects of rehabilitation.']

Ratio Decidendi

The offender was convicted and sentenced on the basis that the first cultivation offence was of relatively low objective seriousness for a large commercial quantity because the quantity was low in that range and there was no evidence of intended commercial advantage, while the second cultivation offence was objectively significant because the quantity was substantial within the commercial quantity range and was committed while the offender was on bail. Taking into account general deterrence, specific deterrence, early guilty pleas, remorse, medical and psychological conditions, good rehabilitation prospects and special circumstances, the Court imposed an effective sentence of four years...

Court Disposition

Offender convicted of each matter; effective sentence of four years imprisonment with a two-year non-parole period; eligible for release to parole on 15 May 2014; s 10A conviction with no other penalty for the matter on the s 166 certificate.

Orders

  • ['For cultivating the large commercial quantity of cannabis committed on 19 August 2011, sentence of three years imprisonment, with a non-parole period from 16 May 2012 to 15 May 2014 and a balance of term of one year; sentence expires on 15 May 2015.' 'For using electricity without authority in the first group,...