R v SIROCIC [2000] NSWCCA 447

R v SIROCIC [2000] NSWCCA 447

The conviction challenge raised no doubt about the propriety of the conviction because the applicant pleaded guilty and his submissions did not give sufficient weight to the statutory definition of cultivate. Although the sentencing Judge made no express finding about the number of plants, the Court was satisfied he proceeded on the unchallenged basis that three plants were taken. The original sentence was manifestly excessive because the quantity was at the bottom end of the relevant range, the cultivation consisted only of opportunistic harvesting, supply was not alleged, the offence could have been dealt with summarily but for the prosecution election, and sentencing statistics placed...

Jurisdiction
Australia
Judgment Date
26 October 2000
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Out of Time Against Conviction and Sentence; Appeal Against Sentence
Outcome
Leave to appeal out of time granted; appeal allowed; sentence quashed and replaced with imprisonment for eighteen months with a twelve month non-parole period.
Legal Topics
['cultivation of Prohibited Plants' 'cannabis Plants' 'manifestly Excessive Sentence' 'sentencing Fact Finding' 'quantity of Prohibited Plants' 'non Parole Period' 'drug Misuse and Trafficking Act 1985, S23']
['criminal Law' 'sentencing' 'drug Offences'] ['cultivation of Prohibited Plants' 'cannabis Plants' 'manifestly Excessive Sentence' 'sentencing Fact Finding' 'quantity of Prohibited Plants' 'non Parole Period' 'drug Misuse and Trafficking Act 1985, S23']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Out of Time Against Conviction and Sentence; Appeal Against Sentence

Legal Issues

  1. 1 ["Whether the applicant's conviction was shown to be improper notwithstanding the statutory definition of cultivate and his plea of guilty." 'Whether the sentencing Judge erred by making no express finding about the number of cannabis plants cultivated.' 'Whether the sentence of four years imprisonment with a minimum term of two years was manifestly excessive in all the circumstances.']

Ratio Decidendi

The conviction challenge raised no doubt about the propriety of the conviction because the applicant pleaded guilty and his submissions did not give sufficient weight to the statutory definition of cultivate. Although the sentencing Judge made no express finding about the number of plants, the Court was satisfied he proceeded on the unchallenged basis that three plants were taken. The original sentence was manifestly excessive because the quantity was at the bottom end of the relevant range, the cultivation consisted only of opportunistic harvesting, supply was not alleged, the offence could have been dealt with summarily but for the prosecution election, and sentencing statistics placed...

Court Disposition

Leave to appeal out of time granted; appeal allowed; sentence quashed and replaced with imprisonment for eighteen months with a twelve month non-parole period.

Orders

  • ['Grant leave to appeal out of time.' 'Appeal allowed.' 'Quash the sentence imposed on 9 December 1999 by his Honour Judge Twigg.' 'In lieu thereof, the applicant is sentenced to imprisonment for a period of eighteen months to commence on 9 December 1999 and expire on 8 June 2001 with a non-parole period of twelve...