R v Yates [2017] NSWDC 172

R v Yates [2017] NSWDC 172

Given the scale, the number of plants, the equipment used, the value of the assets, and lack of financial need, an aggregate sentence of imprisonment with a non-parole period of two years and a head sentence of four years, with allowance for special circumstances and parole supervision, is warranted to reflect the criminality and rehabilitation prospects of the offender.

Parties
Prosecution: The Crown; Offender: Randall Yates
Jurisdiction
Australia
Judgment Date
12 May 2017
Procedural Posture
Criminal / Sentencing
Outcome
Sentenced to imprisonment
Legal Topics
Sentence, Cultivation of Prohibited Plants, Aggregate Sentence, Form 1 Offences, Large Commercial Quantity, Commercial Quantity
Criminal Law Sentence Cultivation of Prohibited Plants Aggregate Sentence Form 1 Offences Large Commercial Quantity Commercial Quantity

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Parties

The Crown

Prosecution

Randall Yates

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for cultivation of large commercial and commercial quantities of cannabis
  2. 2 Consideration of guilty plea and utilitarian discount
  3. 3 Assessment of special circumstances for parole

Ratio Decidendi

Given the scale, the number of plants, the equipment used, the value of the assets, and lack of financial need, an aggregate sentence of imprisonment with a non-parole period of two years and a head sentence of four years, with allowance for special circumstances and parole supervision, is warranted to reflect the criminality and rehabilitation prospects of the offender.

Court Disposition

Sentenced to imprisonment

Orders

  • Aggregate sentence of imprisonment: non-parole period of 2 years with a head sentence of 4 years commencing 10 May 2017, release to parole on 9 May 2019.
  • Finding of special circumstances to justify extended supervision on parole.