R v Zanker [2016] NSWSC 1653

R v Zanker [2016] NSWSC 1653

The sentence reflects the seriousness of the offence, with mitigation for the offender's early plea of guilty, disadvantaged background, medical condition, and prospects of rehabilitation, as well as relative criminal culpability within the enterprise. Special circumstances warrant a reduced non-parole period.

Parties
Prosecution: Regina; Offender: Shaun Steven Zanker
Jurisdiction
Australia
Judgment Date
18 November 2016
Procedural Posture
Criminal / Sentencing
Outcome
The offender is sentenced to imprisonment for a non-parole period of 2 years 6 months (commenced 2 March 2015, expires 1 September 2017), with a balance of term of 1 year 3 months (from 2 September 2017 to 1 December 2018), with release on parole subject to any other pending or existing sentences.
Legal Topics
Cultivation of Prohibited Plants, Sentencing, Large Commercial Quantity, Cannabis, Guilty Plea, Special Circumstances
Criminal Law Cultivation of Prohibited Plants Sentencing Large Commercial Quantity Cannabis Guilty Plea Special Circumstances

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Parties

Regina

Prosecution

Shaun Steven Zanker

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Determination of appropriate sentence for knowing concern in the cultivation of prohibited plants (cannabis) in large commercial quantity

Ratio Decidendi

The sentence reflects the seriousness of the offence, with mitigation for the offender's early plea of guilty, disadvantaged background, medical condition, and prospects of rehabilitation, as well as relative criminal culpability within the enterprise. Special circumstances warrant a reduced non-parole period.

Court Disposition

The offender is sentenced to imprisonment for a non-parole period of 2 years 6 months (commenced 2 March 2015, expires 1 September 2017), with a balance of term of 1 year 3 months (from 2 September 2017 to 1 December 2018), with release on parole subject to any other pending or existing sentences.

Orders

  • For the offence of knowing concern in the cultivation of prohibited plants being not less than the large commercial quantity at Schofield on 27 July 2014, Shaun Steven Zanker is sentenced to imprisonment for a non-parole period of 2 years 6 months (2 March 2015 – 1 September 2017), and a balance of term of 1 year 3...
  • The offender is to be released on parole at the expiry of the non-parole period, subject to any remand in custody for other pending charges and/or any unexpired non-parole period of any other sentence he may then be serving.