R v VIJATOVIC [2022] NSWDC 443

R v VIJATOVIC [2022] NSWDC 443

Having regard to the mid-range objective seriousness of the offending, financial motive, good character, low risk of reoffending, demonstrated remorse, and willingness to undertake rehabilitation, a sentence of 18 months' imprisonment after a 25% discount is appropriate and may be served by way of Intensive Corrections Order under section 7 of the Crimes (Sentencing Procedure) Act.

Jurisdiction
Australia
Judgment Date
28 September 2022
Procedural Posture
Criminal Sentencing / Sentencing Decision
Outcome
convicted; sentenced to imprisonment served by Intensive Corrections Order for 18 months
Legal Topics
['sentencing' 'drug Offences' 'cultivation of Cannabis' 'intensive Corrections Order']
['criminal Law'] ['sentencing' 'drug Offences' 'cultivation of Cannabis' 'intensive Corrections Order']

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Procedural Posture

Criminal Sentencing / Sentencing Decision

Legal Issues

  1. 1 ['Appropriate sentence for enhanced indoor cultivation of cannabis for commercial purposes' 'Whether sentence should be served by way of Intensive Corrections Order']

Ratio Decidendi

Having regard to the mid-range objective seriousness of the offending, financial motive, good character, low risk of reoffending, demonstrated remorse, and willingness to undertake rehabilitation, a sentence of 18 months' imprisonment after a 25% discount is appropriate and may be served by way of Intensive Corrections Order under section 7 of the Crimes (Sentencing Procedure) Act.

Court Disposition

convicted; sentenced to imprisonment served by Intensive Corrections Order for 18 months

Orders

  • ['Conviction for enhanced indoor cultivation of cannabis under section 23(1A) Drugs Misuse and Trafficking Act 1985' "Sentence of 18 months' imprisonment, to be served by way of Intensive Corrections Order commencing 28 September 2022 and ending 27 March 2024" 'Standard conditions: not commit any offence; submit to...