R v Phan [2019] NSWDC 601

R v Phan [2019] NSWDC 601

The offender was not a principal but was above a crop-sitter and played important, instrumental roles in two enhanced indoor cannabis cultivation enterprises involving 165 plants and 288 plants. The large commercial quantity offence was below midrange objective seriousness, and the commercial quantity offence was at about the same point. Financial gain was part of the factual matrix rather than an aggravating factor. A 25% discount was allowed for the guilty pleas. Taking into account the Form 1 offence, the offender's lack of prior record, remorse, rehabilitation prospects, need for general and specific deterrence, and special circumstances, an aggregate term of imprisonment of 5 years 6...

Jurisdiction
Australia
Judgment Date
02 October 2019
Procedural Posture
Criminal Sentencing for Drug Cultivation Offences / Committed for Sentence to the District Court After Guilty Pleas in the Local Court
Outcome
Offender convicted and sentenced to an aggregate term of imprisonment of 5 years 6 months with a non-parole period of 3 years 6 months.
Legal Topics
['knowingly Take Part in Cultivation of Prohibited Plants' 'cannabis Cultivated by Enhanced Indoor Means' 'commercial Quantity' 'large Commercial Quantity' 'aggregate Sentence' 'standard Non Parole Period' 'form 1 Offences' 'special Circumstances']
['criminal Law' 'sentencing' 'drug Offences'] ['knowingly Take Part in Cultivation of Prohibited Plants' 'cannabis Cultivated by Enhanced Indoor Means' 'commercial Quantity' 'large Commercial Quantity' 'aggregate Sentence' 'standard Non Parole Period' 'form 1 Offences' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal Sentencing for Drug Cultivation Offences / Committed for Sentence to the District Court After Guilty Pleas in the Local Court

Legal Issues

  1. 1 ['What sentence should be imposed for knowingly taking part in cultivation of commercial and large commercial quantities of cannabis by enhanced indoor means.' 'How the standard non-parole period for the large commercial quantity offence should inform the sentence.' "What objective seriousness should be attributed to the offender's role in the cultivation enterprises." 'Whether the Form 1 offence of participation in a criminal group should increase the sentence for the principal offence.' 'Whether parity with Duong Dai Le affected the sentence.' 'Whether special circumstances justified a longer period on parole.']

Ratio Decidendi

The offender was not a principal but was above a crop-sitter and played important, instrumental roles in two enhanced indoor cannabis cultivation enterprises involving 165 plants and 288 plants. The large commercial quantity offence was below midrange objective seriousness, and the commercial quantity offence was at about the same point. Financial gain was part of the factual matrix rather than an aggravating factor. A 25% discount was allowed for the guilty pleas. Taking into account the Form 1 offence, the offender's lack of prior record, remorse, rehabilitation prospects, need for general and specific deterrence, and special circumstances, an aggregate term of imprisonment of 5 years 6...

Court Disposition

Offender convicted and sentenced to an aggregate term of imprisonment of 5 years 6 months with a non-parole period of 3 years 6 months.

Orders

  • ['The offender is convicted of each offence.' 'An aggregate sentence of imprisonment of 5 years and 6 months is imposed.' 'The non-parole period is 3 years and 6 months commencing on 14 September 2018 and expiring on 13 March 2022.' 'The overall sentence expires on 13 March 2024.' 'The Form 1 offence of...