R v Cao [2019] NSWDC 350

R v Cao [2019] NSWDC 350

Given the principal offender's substantial involvement in cultivating significant quantities of cannabis by enhanced indoor means in two separate enterprises, with physical evidence linking him to both operations and in the absence of sufficient mitigating evidence regarding the purpose of his conduct, and in applying appropriate discounts for guilty pleas and considering his role in comparison with co-offenders, an aggregate sentence of 4 years' imprisonment with a non-parole period of 2 years and 6 months is appropriate.

Jurisdiction
Australia
Judgment Date
09 July 2019
Procedural Posture
Criminal / Sentence
Outcome
Aggregate sentence of imprisonment of 4 years with a non-parole period of 2 years 6 months
Legal Topics
['drug Offences' 'cultivate Prohibited Plant' 'sentencing' 'imprisonment' 'aggregate Sentences' 'co Offenders' 'parole']
['criminal Law'] ['drug Offences' 'cultivate Prohibited Plant' 'sentencing' 'imprisonment' 'aggregate Sentences' 'co Offenders' 'parole']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Appropriate sentence for two counts of cultivating prohibited plants not less than commercial quantity' 'Consideration of discounts for guilty plea' 'Parity with co-offenders' "Assessment of the offender's role and culpability"]

Ratio Decidendi

Given the principal offender's substantial involvement in cultivating significant quantities of cannabis by enhanced indoor means in two separate enterprises, with physical evidence linking him to both operations and in the absence of sufficient mitigating evidence regarding the purpose of his conduct, and in applying appropriate discounts for guilty pleas and considering his role in comparison with co-offenders, an aggregate sentence of 4 years' imprisonment with a non-parole period of 2 years and 6 months is appropriate.

Court Disposition

Aggregate sentence of imprisonment of 4 years with a non-parole period of 2 years 6 months

Orders

  • ['Conviction of both offences' 'Aggregate sentence of imprisonment for 4 years commencing 24 April 2018' 'Non-parole period of 2 years and 6 months expiring 23 October 2020' 'Sentence expiry on 23 April 2022']