| Case | Offence | Amount | Plea | Priors | Sentence | Appeal | Facts |
Daoulas
NSW CCA
28.10.1993
Co-accused: METALLIDIS | Cultivate | 861 plants | PG | nil | MT 3y 6m
AT 14m | AA
(parity)
MT 2y 6m
AT 10m | Well established plantation in isolated area. Well planned enterprise. Purely commercial enterprise.
Financial difficulties as result of termination from employment. Family with two children. Will face deportation. Forfeiture of motor vehicle caused further hardship. |
Metallidis
NSW CCA
23.2.1994
Co-accused:
DAOULAS | Cultivate | 861 plants | PG |  | MT 3y 6m
AT 14m | AD | Well established plantation in isolated area. Well planned enterprise. Purely commercial enterprise.
M considered to be more culpable. |
Blattman
NSW CCA
15.4.1994 | Knowingly take part in cultivation | 1855 plants | PG | | Griffiths Remand | Crown AD | Plants grown in indoor hydroponic garden. Not prime mover. (Mistakenly sentenced for commercial not large commercial quantity)
Impressive turnaround in lifestyle. Has care of young child. |
Brittain
NSW CCA
15.8.1994 | Knowingly take part in cultivation | | VG | | MT 4y 8m
AT 1y 9m | Conviction AD | Three cultivation sites. |
MacPhail
(27)
NSW CCA
18.11.1994 | Cultivate
Sched:
5 offences | 385 plants | PG | priors - no gaol
On recog at time of offence | MT 2y
AT 2y | AA
MT 15m
AT 15m | Growing seedlings in backyard of city dwelling. To be transferred to country property for further growth. Amateur operation. Complete cooperation with police. Also sentenced for minor supply and possession offences. |
Gow
Shine
(1996) 85 A Crim R 76 | Cultivate
Cultivate | 856 plants | PG
PG | minor drug offence
nil | 3y PD
3y PD | Crown AD
(Hulme J dissenting) | Commercial venture motivated by profit. Plants grown hydroponically in garage of rented property.. B grew smaller number of plants in own home (185) while other offenders tendered plants in rented property.
Good subjective features.
Co-offender Burnett sentenced to 6m/18m for cultivate and supply commercial quantity plants |
Galway
NSW CCA
19.8.1998 | Knowingly concerned in cultivation | 520 plants | VG | driving and use drugs | 400h CSO
(PSC 2m 9d) | Crown AA
FT 6m
(completed CSO) | Plantation in bush. TJ found no link to organised crime.
Good character. |
Slattery
NSW CCA [145]
1.5.2002 | Cultivate | | VG | drugs, firearms. Previous custody. | MT 1y 10m 5d
AT 2y 6m | AD | Circumstantial case against appellant linking him to plantation in bushland and at his residence. |
Dopson
NSW CCA [99]
10.4.2003 | Cultivate
Sched:
4 x poss cannabis | 501 plants | PG | cultivation and possession | 2y suspended | Crown AD | Growing plants using hydroponics system in parents garage - Personal use only - Seeking to grow as much cannabis as possible before parents returned
Longterm addiction - Employed and studying - Contact with 3 children - Drug rehabilitation program |
Godden
(43)
NSW CCA [160]
29.4.2005 | Cultivate
Sched:
Possess 280g leaf | 319 plants | PG | Minor – breached bond | 3y 2m
NPP 2y | AA
2y 2m
NPP 1y 3m | Hydroponic system in house and shed – growing for profit – long term user
Evidence of rehabilitation |
Giammaria
Karagiannis
NSW CCA [63]
14.3.2006 | Knowingly take part in cultivation
Sched:
Knowingly take part in supply commercial qty | 1,300-1,600
plants
450-550 plants | PG
PG | | 6y
NPP 2y 6m
6y
NPP 3y 6m | AA
4y 6m
NPP 2y
4y 6m
NPP 3y | Involved in major commercial plantation of cannabis plants – three plantation linked - G to receive eight share from larger plantation – K a minor management role in smaller plantation
Outside range |
Quan
NSW CCA [382]
27.11.2006 | Cultivate
Sched:
3 related offences | 284 plants | PG | Nil | 3y 2m
NPP 2y | AA
2y 2m
NPP 1y 3m 15d | Hydroponic system in own house – actual role unclear
Mature man – Vietnamese – gambling addiction
Case very similar to Godden |
Nguyen
NSW CCA [94]
5.4.2007 | Cultivate
Sched:
Supply 5.7kg leaf | 278 plants | PG | Nil | 30m
NPP 15m | AD | Grew plants in house for profit. |
HVN
NSW CCA [207]
17.7.2007 | Cultivate | 348 plants | PG | | 2y
NPP 1y | AD | Plants grown in house – diverted electricity
Assistance of high order |
Delfino
NSW CCA [18]
25.2.2008 | Cultivate | 250 plants | PG | Supply drugs | 4y
NPP 2y | AD | Plants grown on property with cooffenders – Role of harvester – only on property a short time – value $700k |
Bui
NSW CCA [314]
18.12.2008 | | | | | | | |
Truong
(43)
NSW CCA [41]
26.2.2009 | Cultivate | 189 plants | VG | | 3y 6m
NPP 1y 6m | AD | Growing plants in domestic house owned by offender – financial gain – a little below mid range
Difficult personal background - Vietnamese |
Nguyen
(44)
NSW CCA [181]
14.7.2009 | Cultivate | 172 plants | PG | Nil | 4y
NPP 4y 6m | AA
3y
NPP 22m | Female – told to look after plants in house for money and accommodation – Suburban house – sophisticated operation – not principal – tending and guarding plants
Vietnamese – husband and two children in Vietnam – adult son in Australia – illegal immigrant |
