R v Newman [2019] NSWDC 551

R v Newman [2019] NSWDC 551

Given the number of plants, the sophistication of the operation, and Mr. Newman's limited role with respect to cultivation for personal use, the s 5 threshold has been crossed and the appropriate sentence is imprisonment served by means of an Intensive Corrections Order with additional conditions for treatment and community service.

Parties
Prosecution: The Crown; Offender: Andrew Bruce Newman
Jurisdiction
Australia
Judgment Date
13 March 2019
Procedural Posture
Criminal / Sentence
Outcome
Conviction and sentence
Legal Topics
Sentence, Cultivation of a Prohibited Plant, Participation in a Criminal Group, Cannabis
Criminal Law Sentence Cultivation of a Prohibited Plant Participation in a Criminal Group Cannabis

Case Brief

Summary, issues, holding and outcome

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Parties

The Crown

Prosecution

Andrew Bruce Newman

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Whether the objective seriousness of the offending crossed the s 5 threshold
  2. 2 Appropriate sentence for cultivation of a prohibited plant and participation in a criminal group

Ratio Decidendi

Given the number of plants, the sophistication of the operation, and Mr. Newman's limited role with respect to cultivation for personal use, the s 5 threshold has been crossed and the appropriate sentence is imprisonment served by means of an Intensive Corrections Order with additional conditions for treatment and community service.

Court Disposition

Conviction and sentence

Orders

  • Convicted of cultivating a prohibited plant and participation in a criminal group
  • Sentenced to 9 months imprisonment to be served by Intensive Corrections Order (ICO)