R v Cao [2020] NSWDC 845

R v Cao [2020] NSWDC 845

The appropriate penalty for commercial cultivation of cannabis, even for a crop sitter with limited involvement and a lack of prior convictions, must be one of full time custody due to the seriousness of the offending. The aggregate sentence reflects the objective seriousness, the offender's role, plea of guilty, and prospects of rehabilitation.

Jurisdiction
Australia
Judgment Date
21 August 2020
Procedural Posture
Criminal / Sentence
Outcome
The offender is sentenced to an aggregate term of 2 years and 9 months imprisonment with a non-parole period of 1 year and 10 months. Forfeiture of $750. Summary charge on s 166 certificate withdrawn and dismissed. Order for destruction of cannabis plants.
Legal Topics
['drug Offences' 'cultivation of Prohibited Plants' 'sentencing']
['criminal Law'] ['drug Offences' 'cultivation of Prohibited Plants' 'sentencing']

Case Brief

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['What is the appropriate sentence for knowingly taking part in the cultivation of commercial quantities of cannabis plants by enhanced indoor means?' "What consideration should be given for the offender's role as a crop sitter and lack of prior record?" 'How should the court deal with proceeds of crime and summary matters attached on Form 1?']

Ratio Decidendi

The appropriate penalty for commercial cultivation of cannabis, even for a crop sitter with limited involvement and a lack of prior convictions, must be one of full time custody due to the seriousness of the offending. The aggregate sentence reflects the objective seriousness, the offender's role, plea of guilty, and prospects of rehabilitation.

Court Disposition

The offender is sentenced to an aggregate term of 2 years and 9 months imprisonment with a non-parole period of 1 year and 10 months. Forfeiture of $750. Summary charge on s 166 certificate withdrawn and dismissed. Order for destruction of cannabis plants.

Orders

  • ['The offender is sentenced to an aggregate term of 2 years and 9 months imprisonment and an aggregate non-parole period of 1 year and 10 months.' 'An order is made in accordance with the short minutes of order forfeiting the $750.' 'The matter on the s 166 certificate is to be withdrawn and dismissed.' 'The...