Public Defenders
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Drugs - Cannabis - Cultivate Commercial Quantity

This table is intended to be used as a guide only. Individual cases should be read if they are to be relied upon.

    s.23(2)(a) Drug Misuse and Trafficking Act 1985 (NSW) - cultivate commercial quantity
    s.33(2)(b) Drug Misuse and Trafficking Act 1985 (NSW) - maximum penalty 15
    Commercial quantity - 250 plants

    CaseOffenceAmountPleaPriorsSentenceAppealFacts
    Daoulas
    NSW CCA
    28.10.1993

    Co-accused: METALLIDIS
    Cultivate861 plantsPGnilMT 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
    Cultivate861 plantsPGMT 3y 6m
    AT 14m
    ADWell 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 cultivation1855 plantsPGGriffiths RemandCrown ADPlants 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 cultivationVGMT 4y 8m
    AT 1y 9m
    Conviction ADThree cultivation sites.
    MacPhail
    (27)
    NSW CCA
    18.11.1994
    Cultivate

    Sched:
    5 offences
    385 plantsPGpriors - 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 plantsPG


    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 cultivation520 plantsVGdriving and use drugs400h 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
    CultivateVGdrugs, firearms. Previous custody.MT 1y 10m 5d
    AT 2y 6m
    ADCircumstantial 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 plantsPGcultivation and possession2y suspendedCrown ADGrowing 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 plantsPGMinor – breached bond3y 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 plantsPGNil3y 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 plantsPGNil30m
    NPP 15m
    ADGrew plants in house for profit.
    HVN
    NSW CCA [207]
    17.7.2007
    Cultivate348 plantsPG2y
    NPP 1y
    ADPlants grown in house – diverted electricity
    Assistance of high order
    Delfino
    NSW CCA [18]
    25.2.2008
    Cultivate250 plantsPGSupply drugs4y
    NPP 2y
    ADPlants 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
    Cultivate189 plantsVG3y 6m
    NPP 1y 6m
    ADGrowing 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
    Cultivate172 plantsPGNil4y
    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






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