Thanh NGUYEN v R [2011] NSWCCA 127

Thanh NGUYEN v R [2011] NSWCCA 127

The findings that the applicant was actively involved and was a major player were open on the circumstantial evidence, including his tenancy, possession of keys, presence at the premises, personal documents, fingerprints, and the sophisticated ongoing cultivation. The sentencing judge did not err by describing the offence as midrange because he was assessing the overall seriousness of the offence after considering objective and subjective matters, not applying standard non-parole period reasoning. Plant quantity was a relevant factor and was not given undue weight. Despite being towards the upper end of submitted comparative cases, the sentence was within the permissible range having...

Jurisdiction
Australia
Judgment Date
10 June 2011
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal and Appeal in the Court of Criminal Appeal From Sentence Imposed in the District Court at Parramatta
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['cultivation of Cannabis by Enhanced Indoor Means' 'commercial Quantity of Prohibited Plants' 'objective Seriousness Where No Standard Non Parole Period Applies' 'manifest Excess' 'use of Sentencing Statistics' 'form 1 Offences']
['criminal Law' 'sentencing' 'drug Offences'] ['cultivation of Cannabis by Enhanced Indoor Means' 'commercial Quantity of Prohibited Plants' 'objective Seriousness Where No Standard Non Parole Period Applies' 'manifest Excess' 'use of Sentencing Statistics' 'form 1 Offences']

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal and Appeal in the Court of Criminal Appeal From Sentence Imposed in the District Court at Parramatta

Legal Issues

  1. 1 ['Whether the sentencing judge erred in finding that the applicant was a major player in the cultivation and not just a labourer or worker.' 'Whether the sentencing judge erred by determining that the offence was a midrange offence when no standard non-parole period applied.' 'Whether the sentencing judge attached undue weight to the quantity of cannabis plants.' 'Whether the sentence was unduly harsh and severe or manifestly excessive.']

Ratio Decidendi

The findings that the applicant was actively involved and was a major player were open on the circumstantial evidence, including his tenancy, possession of keys, presence at the premises, personal documents, fingerprints, and the sophisticated ongoing cultivation. The sentencing judge did not err by describing the offence as midrange because he was assessing the overall seriousness of the offence after considering objective and subjective matters, not applying standard non-parole period reasoning. Plant quantity was a relevant factor and was not given undue weight. Despite being towards the upper end of submitted comparative cases, the sentence was within the permissible range having...

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal be granted.' 'That the appeal be dismissed.']