Truong v R [2009] NSWCCA 41

Truong v R [2009] NSWCCA 41

The applicant's offence was serious because she used her property to cultivate 189 cannabis plants for commercial gain; the evidence did not support characterising her as a mere crop sitter. Her personal circumstances and hardship to her dependent child did not justify a sentence other than full time imprisonment, and although the non-parole period was at the upper end of usual sentences, the sentence was within the permissible range and was not manifestly excessive.

Jurisdiction
Australia
Judgment Date
26 February 2009
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['cultivation of Prohibited Plants' 'commercial Quantity of Cannabis Plants' 'alternatives to Full Time Custody' 'manifestly Excessive Sentence']
['criminal Law' 'sentencing' 'drug Offences'] ['cultivation of Prohibited Plants' 'commercial Quantity of Cannabis Plants' 'alternatives to Full Time Custody' 'manifestly Excessive Sentence']

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentencing judge erred by finding that there was no alternative to full time custody.' 'Whether the sentence imposed was manifestly excessive.' 'Whether the applicant was properly characterised as a mere crop sitter.']

Ratio Decidendi

The applicant's offence was serious because she used her property to cultivate 189 cannabis plants for commercial gain; the evidence did not support characterising her as a mere crop sitter. Her personal circumstances and hardship to her dependent child did not justify a sentence other than full time imprisonment, and although the non-parole period was at the upper end of usual sentences, the sentence was within the permissible range and was not manifestly excessive.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Grant leave to appeal.' 'Appeal dismissed.']