R v Friese [2022] NSWDC 428

R v Friese [2022] NSWDC 428

No sentence other than imprisonment was appropriate, but the offending was in the low range of objective seriousness, the offender had no prior convictions, was of prior good character, was unlikely to reoffend, had good rehabilitation prospects, demonstrated remorse, and his deprived upbringing and psychiatric conditions reduced moral culpability and moderated the need for deterrence and denunciation. Special circumstances existed because this was his first time in custody, custody was more onerous due to Covid and psychiatric conditions, and he required a longer period on parole-like supervision for rehabilitation. Community safety did not require full-time custody and an Intensive...

Jurisdiction
Australia
Judgment Date
26 September 2022
Procedural Posture
Criminal Sentencing / Sentence After Guilty Pleas to Two Counts and Admission of Form 1 Matters
Outcome
The offender was convicted and sentenced to an aggregate term of imprisonment of 14 months to be served by way of an Intensive Corrections Order commencing 26 September 2022 and ending 25 November 2023. Cash in the approximate sum of $6,943 was forfeited to the State. Sequences 5, 7 and 9 were withdrawn and dismissed.
Legal Topics
['knowingly Taking Part in Cultivation of Prohibited Plants by Enhanced Indoor Means' 'cannabis Cultivation' 'form 1 Offences' 'intensive Corrections Order' 'forfeiture of Suspected Proceeds of Crime' 'parity' 'mitigating Factors']
['criminal Law' 'sentencing' 'drug Offences' 'proceeds of Crime'] ['knowingly Taking Part in Cultivation of Prohibited Plants by Enhanced Indoor Means' 'cannabis Cultivation' 'form 1 Offences' 'intensive Corrections Order' 'forfeiture of Suspected Proceeds of Crime' 'parity' 'mitigating Factors']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentence After Guilty Pleas to Two Counts and Admission of Form 1 Matters

Legal Issues

  1. 1 ['What sentence should be imposed for two counts of knowingly taking part in the cultivation of cannabis by enhanced indoor means where additional offences were admitted on a Form 1.' "Whether the offending fell within the low range of objective seriousness having regard to the number of plants, sophistication of the cultivation systems and the offender's role." "Whether the offender's deprived upbringing and psychiatric conditions reduced moral culpability and moderated deterrence and denunciation." 'Whether special circumstances existed and whether the sentence of imprisonment should be served by way of an Intensive Corrections Order.' 'Whether parity with co-offenders affected the sentence.']

Ratio Decidendi

No sentence other than imprisonment was appropriate, but the offending was in the low range of objective seriousness, the offender had no prior convictions, was of prior good character, was unlikely to reoffend, had good rehabilitation prospects, demonstrated remorse, and his deprived upbringing and psychiatric conditions reduced moral culpability and moderated the need for deterrence and denunciation. Special circumstances existed because this was his first time in custody, custody was more onerous due to Covid and psychiatric conditions, and he required a longer period on parole-like supervision for rehabilitation. Community safety did not require full-time custody and an Intensive...

Court Disposition

The offender was convicted and sentenced to an aggregate term of imprisonment of 14 months to be served by way of an Intensive Corrections Order commencing 26 September 2022 and ending 25 November 2023. Cash in the approximate sum of $6,943 was forfeited to the State. Sequences 5, 7 and 9 were withdrawn and dismissed.

Orders

  • ['Conviction recorded.' 'Aggregate sentence of imprisonment of 14 months imposed and directed to be served by way of an Intensive Corrections Order commencing 26 September 2022 and ending 25 November 2023.' 'The offender must not commit any offence.' 'The offender must submit to supervision by a Community...