R v STACHIW [2023] NSWDC 463

R v STACHIW [2023] NSWDC 463

Despite the low objective seriousness and well-intentioned but misguided motivation, the total disregard for the law and continued offending require a custodial sentence. However, in view of the mitigating circumstances, low risk of reoffending, and community safety considerations, an 18-month intensive correction order is appropriate for the principal offence of manufacturing a large commercial quantity of cannabis oil.

Jurisdiction
Australia
Judgment Date
01 November 2023
Procedural Posture
Criminal / Sentence
Outcome
Offender convicted and sentenced to 18 months imprisonment to be served by way of intensive correction order, with conditions.
Legal Topics
['drug Offences' 'possess Prohibited Drug' 'cultivate Cannabis for Commercial Purpose' 'supply Prohibited Drug' 'manufacture Prohibited Drug' 'sentencing']
['criminal Law'] ['drug Offences' 'possess Prohibited Drug' 'cultivate Cannabis for Commercial Purpose' 'supply Prohibited Drug' 'manufacture Prohibited Drug' 'sentencing']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Appropriate sentence for manufacture of large commercial quantity of cannabis oil' 'Application of sentencing principles, including standard non-parole period and whether cannabis oil offence qualifies for lower penalty range' 'Mitigating and aggravating factors relevant to sentence, including motivation, purity, and community impact' 'Eligibility for intensive correction order']

Ratio Decidendi

Despite the low objective seriousness and well-intentioned but misguided motivation, the total disregard for the law and continued offending require a custodial sentence. However, in view of the mitigating circumstances, low risk of reoffending, and community safety considerations, an 18-month intensive correction order is appropriate for the principal offence of manufacturing a large commercial quantity of cannabis oil.

Court Disposition

Offender convicted and sentenced to 18 months imprisonment to be served by way of intensive correction order, with conditions.

Orders

  • ['The offender is convicted of the offence under section 24(2) of the Drugs Misuse and Trafficking Act.' 'The offender is sentenced to a term of imprisonment of 18 months from 1 November 2023 to 30 April 2025.' 'The term of imprisonment is to be served by way of intensive correction order from 1 November 2023 to 30...