R v TRAN, Tony [2017] NSWDC 397

R v TRAN, Tony [2017] NSWDC 397

Although the proved conduct for the six principal offences was arranging and negotiating leases with knowledge that the premises would be used for enhanced indoor cannabis cultivation, the offender's conduct was essential to a substantial, expensive and continuing criminal enterprise and his moral culpability was high. The Glen Alpine Form 1 matters showed he knew the means of production and was a principal in cultivating cannabis at his own home while exposing his children. The offences were approaching the mid-range of objective seriousness, general deterrence was very important, subjective matters did not materially reduce culpability or establish special circumstances, and no penalty...

Jurisdiction
Australia
Judgment Date
19 May 2017
Procedural Posture
Criminal Sentence / Sentence Following Guilty Pleas After Committal for Sentence
Outcome
Convicted on each of the six offences and sentenced to an aggregate term of imprisonment of 13 years and 4 months with a non-parole period of 10 years.
Legal Topics
['knowingly Take Part in Cultivation of Cannabis Plants' 'large Commercial Quantity of Cannabis Plants' 'commercial Quantity of Cannabis Plants' 'enhanced Indoor Cultivation' 'form 1 Offences' 'objective Seriousness' "offender's Role" 'general Deterrence' 'special Circumstances' 'aggregate Sentence']
['criminal Law' 'sentencing' 'drug Offences'] ['knowingly Take Part in Cultivation of Cannabis Plants' 'large Commercial Quantity of Cannabis Plants' 'commercial Quantity of Cannabis Plants' 'enhanced Indoor Cultivation' 'form 1 Offences' 'objective Seriousness' "offender's Role" 'general Deterrence' 'special Circumstances' 'aggregate Sentence']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence Following Guilty Pleas After Committal for Sentence

Legal Issues

  1. 1 ['What role and moral culpability should be attributed to the offender where the agreed facts said his role was confined to negotiating and arranging leases with knowledge that the premises would be used for indoor cannabis cultivation.' 'How the two Form 1 offences relating to Glen Alpine should affect the sentence for Sequence 8.' 'Whether the subjective circumstances, including claimed debt, depression, family hardship, lack of relevant prior record and first time in custody, justified mitigation or special circumstances.' 'What aggregate sentence and indicative sentences were appropriate for six cannabis cultivation offences.']

Ratio Decidendi

Although the proved conduct for the six principal offences was arranging and negotiating leases with knowledge that the premises would be used for enhanced indoor cannabis cultivation, the offender's conduct was essential to a substantial, expensive and continuing criminal enterprise and his moral culpability was high. The Glen Alpine Form 1 matters showed he knew the means of production and was a principal in cultivating cannabis at his own home while exposing his children. The offences were approaching the mid-range of objective seriousness, general deterrence was very important, subjective matters did not materially reduce culpability or establish special circumstances, and no penalty...

Court Disposition

Convicted on each of the six offences and sentenced to an aggregate term of imprisonment of 13 years and 4 months with a non-parole period of 10 years.

Orders

  • ['Form 1 offences, Sequences 11 and 12, taken into account on the sentence imposed for Sequence 8.' 'Indicative sentence for Sequence 8, Greenacre, with Form 1 matters: total term of 8 years with a non-parole period of 6 years and balance of term of 2 years.' 'Indicative sentence for Sequence 5, Punchbowl: total...