· s.23(2(a) Drug Misuse and Trafficking Act 1985 (NSW) - cultivate commercial quantity
· s.33(3)(b) Drug Misuse and Trafficking Act 1985 (NSW) - maximum penalty 20y
· Large commercial quantity - 1000 plants

Case	Offence	Amount	Plea	Priors	Sentence	Appeal	Facts
Kasadelis Tsagaris Pelle NSW CCA 5.9.1994	Cultivate Cultivate Cultivate		PG PG PG	nil relevant supply and cultivate nil	MT 5y AT 1y 8m MT 3y 6m AT 1y 2m MT 3y AT 1y	AD AD AD	Cultivation on remote property near Bourke. K was entrepreneur. T and p workers only, T involved longer than P. K motivated by difficult financial position. Suffered from heart condition making imprisonment more onerous. Genuinely contrite. P: severely handicapped child, genuinely contrite, difficult financial position.
Pellizzeri NSW CCA 15.11.1991	Cultivate	9665 plants	PG	Nil	MT 3y AT 1y (JIRS summary)	Crown appeal dismissed	Police raided a plantation consisting of 9,665 cannabis plants on which the respondent was the caretaker and worker (not a principal person) and in possession of a gun. Aged 45. Italian immigrant. Psychiatric report referred to a "disturbed domestic background".
Overall NSW CCA 29.11.1996	Knowingly take part in cultivation	4,646 plants	PG		MT 1y AT 1y	AD	Serious horticultural endeavour. Played important but not primary role in offence. Purchased equipment and visited workers daily. Pressured into offence when under financial stress. Very strong subjective case. Valuable assistance to authorities.
Catanzariti Piromalli Trajkov NSW CCA 31.10.1997	Cultivate	3169 plants	PG	of no significance	MT 6y AT 2y	AA MT 3y AT 1y	Each played important role over three month period.
Barbara NSW CCA 24.2.1997	Cultivate	4237 plants	PG	nil	2y 6m PD	Crown AD (inadequate but dismissed because of ill health)	4,237 plants growing in the roof cavity of the respondent's flower plantation. Extensively developed cultivation materials. Aged 63. Driven by financial failure. Strong family support. Severe angina and evidence of marked deterioration since sentence.
Oygur NSW CCA 31.10.1997	Cultivate Sched: 3 x possession	1239 plants	PG	property, drugs. No previous custody.	MT 2y 18 days AT 9m 12 days (+ 2m PSC)	AD	Police videotaped the applicant and another at a property tending 1,239 cannabis plants. Aged 34.
Giacobello (46) NSW CCA [473] 26.11.2001	Cultivate	more than 2000 plants	PG	prior record including trafficking cannabis	4y NPP 3y	AD	Admitted taking part as cultivator for financial gain.
Skorin (28-9) NSW CCA [276] 11.8.2005 Co-offender: MANGANO	Knowingly take part in cultivation	6,765 plants	PG	Nil	2y 2m NPP 1y	Crown AA 4y 6m NPP 2y 9m	Involved in cultivation on rural property – intermediate level – Organised and supplied materials and recruited one worker – Commercial gain Assistance
Nguyen (22) [2005] NSW CCA, 448 8.2.2006	Knowingly take part in cultivate	Over 30,000 plants	PG	Nil	9y NPP 5y	AA 5y 6m NPP 3y	Recruited to work on plantation for four months Parity
Mangano NSW CCA [35] 24.2.2006 Co-offender: SKORIN	Knowingly take part in cultivation Sched: Knowingly take part in cultivation	Nearly 10,000 plants Over 6.000 plants	PG	Nil	2y NPP 14m PD	Crown AA 4y 5m NPP 2y 5m	Involved in two plantation over 6 months – Assistant / labourer – to be paid $100,000 Financial difficulty – good character - assistance
Mammone (73) NSW CCA [138] 24.4.2006 Co-offender: SKORIN VALENSISE	Knowingly take part in cultivation	Over 6000 plants	PG	Shoot with intent. On parole.	5y 2m 12d NPP 2y 6m	Crown AA 5y 8m NPP 3y 6m	Involved in two plantations – cleared land, visited and inspected crops, recruited workers. Elderly – ill health – special circumstances.
Nguyen (47) NSW CCA [253] 25.8.2006 Co-offender: NGUYEN CANNISTRA NGUYEN	Cultivate	30,051 plants	VG	Supply drugs	12y NPP 9y	AA 9y NPP 6y 9m	Labourer on large plantation – to earn $100,000. Parity
Valensise NSW CCA [315] 10.10.2006 Co-Offender: SKORIN MAMMONE	Knowingly take part in cultivation Sched: Supply cannabis Supply ecstasy Supply methyl	6,795 plants 978.7g 87.5g 7.18g	PG	Nil significant	30m NPP 8m 30d	Crown AA 3y 4m NPP 2y	Involved in two properties in country
Cannistra (64) Nguyen (25) NSW CCA [389] 4.12.2006 Co-offender: NGUYEN NGUYEN	Knowingly take part in cultivation Sched: Cultivate lge comm. qty	30,051	PG PG	Minor Nil	7y 3m NPP 4y 9m 8y 2m NPP 5y 2m	Crown AA 9y NPP 5y 10m Crown AD	Involved in three crop sites in rural area C – central figure at property and controlling mind – assistance – ill health N – female – in relationship with C – paid to recruit and carry out tasks – more than worker – assistance - depression
Gattellari (20) McRae (26) NSW CCA [5] 22.1.2007	Cultivate	2,742	PG PG	Nil Minor	5y 9m NPP 3y 2m	AD	Managed plantation in remote area after injury to co-offender – extensive indoor cloning operation inside steel shed – soccer field sized outdoor crop Both of good character
Licastro (36) NSW CCA [131] 22.7.2008	Knowingly take part in cultivation	3,831 plants	VG	Record including drug use and possession offences	8y NPP 6y	AD	Principal in sophisticated plantation Long history of drug abuse
Bui (46) NSW CCA [314] 18.12.2008	Cultivate Sched: Possess 168g leaf	281 plants	PG	Nil relevant	5y NPP 3y	AD	Sophisticated and well organised cultivation – profit only Vietnamese – gambling problem
Romano, N Romano, L NSW CCA [63] 13.3.2009	Knowingly take part in cultivation	8000 plants	PG VG		10y NPP 6y 8y 11m NPP 5y	AD AD	N principal in cultivation. L middle echelon in operation.