R v Greenslade [2020] NSWDC 805

R v Greenslade [2020] NSWDC 805

Given the relatively low objective seriousness of both offences, the offender's full admissions, early plea of guilty, lack of financial motivation, personal circumstances including caring for an ailing mother, and clear prospects of rehabilitation with no prior convictions, the sentences imposed are a Conditional Release Order for 18 months for the cultivation offence and a fine of $3,700 for the supply offence, with convictions recorded, but no term of imprisonment.

Jurisdiction
Australia
Judgment Date
18 February 2020
Procedural Posture
Criminal / Sentence
Outcome
Offender convicted on both counts; Conditional Release Order for cultivation offence; fine for supply offence.
Legal Topics
['sentence' 'cultivate Cannabis' 'supply Prohibited Drug' 'objective Seriousness' 'mitigating Factors' 'conditional Release Order' 'fine']
['criminal Law'] ['sentence' 'cultivate Cannabis' 'supply Prohibited Drug' 'objective Seriousness' 'mitigating Factors' 'conditional Release Order' 'fine']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Appropriate sentence for cultivation of cannabis greater than indictable and less than commercial quantity' 'Appropriate sentence for supply of prohibited drug greater than commercial quantity' 'Assessment of objective seriousness and mitigation for both offences']

Ratio Decidendi

Given the relatively low objective seriousness of both offences, the offender's full admissions, early plea of guilty, lack of financial motivation, personal circumstances including caring for an ailing mother, and clear prospects of rehabilitation with no prior convictions, the sentences imposed are a Conditional Release Order for 18 months for the cultivation offence and a fine of $3,700 for the supply offence, with convictions recorded, but no term of imprisonment.

Court Disposition

Offender convicted on both counts; Conditional Release Order for cultivation offence; fine for supply offence.

Orders

  • ['Conviction recorded for both offences' 'Conditional Release Order for 18 months for cultivate cannabis offence, requiring good behaviour, notifying court of address change, and attendance if called' 'Fine of $3,700 for supply prohibited drug offence, no other penalty for that matter']