Burrows v R [2022] NSWCCA 32

Burrows v R [2022] NSWCCA 32

The sentencing judge did not err in assessing objective seriousness. It was amply open to find to the criminal standard that the applicant was not cultivating solely for personal use, that some cannabis was being sold for profit, and that the cash in the oven was proceeds of cultivation, having regard to the commercial quantity of plants, the equipment and sophistication, electricity costs, admitted supply of dried cannabis, scales and handwritten calculations, and prior cannabis cultivation. The aggregate sentence of 3 years and 6 months with a 20 month non-parole period was not manifestly excessive in light of the commercial quantity cultivation, the serious Form 1 offences, the...

Jurisdiction
Australia
Judgment Date
25 February 2022
Procedural Posture
Criminal Appeal Against Sentence / Application for Extension of Time and Leave to Appeal From Sentence Imposed by the District Court of New South Wales
Outcome
Time for filing the notice of appeal extended, leave to appeal granted, appeal dismissed.
Legal Topics
['cultivation of Cannabis' 'supply of Cannabis' 'proceeds of Crime' 'form 1 Offences' 'objective Seriousness' 'manifest Excess' 'aggregate Sentence']
['criminal Law' 'sentencing' 'criminal Appeals' 'drug Offences'] ['cultivation of Cannabis' 'supply of Cannabis' 'proceeds of Crime' 'form 1 Offences' 'objective Seriousness' 'manifest Excess' 'aggregate Sentence']

Case Brief

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Procedural Posture

Criminal Appeal Against Sentence / Application for Extension of Time and Leave to Appeal From Sentence Imposed by the District Court of New South Wales

Legal Issues

  1. 1 ['Whether the sentencing judge erred in assessing the objective seriousness of the two indictment counts.' 'Whether it was open to find beyond reasonable doubt that the cash found in the oven was the proceeds of sale of cannabis.' 'Whether the offending was fairly characterised as a small cottage industry or small commercial enterprise rather than cultivation solely for personal use.' 'Whether the aggregate sentence of imprisonment for 3 years and 6 months with a non-parole period of 20 months was manifestly excessive.']

Ratio Decidendi

The sentencing judge did not err in assessing objective seriousness. It was amply open to find to the criminal standard that the applicant was not cultivating solely for personal use, that some cannabis was being sold for profit, and that the cash in the oven was proceeds of cultivation, having regard to the commercial quantity of plants, the equipment and sophistication, electricity costs, admitted supply of dried cannabis, scales and handwritten calculations, and prior cannabis cultivation. The aggregate sentence of 3 years and 6 months with a 20 month non-parole period was not manifestly excessive in light of the commercial quantity cultivation, the serious Form 1 offences, the...

Court Disposition

Time for filing the notice of appeal extended, leave to appeal granted, appeal dismissed.

Orders

  • ['Extend the time for filing a notice of appeal to 1 September 2021.' 'Grant leave to appeal.' 'Appeal dismissed.']