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Drugs - Cannabis - Cultivate Less than 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(1)(a) Drug Misuse and Trafficking Act 1985 (NSW) - cultivate less than commercial quantity
· s.32(1)(h) Drug Misuse and Trafficking Act 1985 (NSW) - maximum penalty 10y
· Commercial quantity - 250 plants


CaseOffenceAmountPleaPriorsOriginal SentenceAppealFacts
Seman
NSW CCA
12.5.1992
Cultivate

Sched:
3 offences
137 plants
85 seedlings ngs
PGirrelevantMT 18m
AT 6m
AA
FT 6m
Found in shed in backyard. On appeal found SJ in error in not accepting plants grown for own use.
Good subjectives.
Yalda
NSW CCA
27.9.1994
Cultivate97 plantsVG2y PD
$10,000 fine.
Conviction ADNurtured plants in garage.
Moy
NSW CCA
2.8.1995
Cultivate3.5 - 6ozVGon recogMT 6m
AT 2m
AA
FT 19w 3d
(time served)
Found plantation and twice went with friends to remove cannabis for own use.
Simmons
NSW CCA
24.3.1997
Cultivatenot specifiedPG12m PDADCultivating for own use.
Tidswell
(43)
NSW CCA
3.4.1997
Knowingly take part in cultivation

Sched:
Possess leaf and seed
172 plantsPGtwo driving offences3 years GBBCrown AA
18m PD
Plants being grown in state forest - ‘commercial flavour’
Kairouz
NSW CCA
18.7.1997
Knowingly take part in cultivation130-150VGMT 2y
AT 1y
ADPlants found growing in house by landlord, who later found vegetable matter packaged.
Grainger
NSW CCA
2.3.1998
Cultivate

Sched:
Possess 1.028kg cannabis
PG18m PD
Changed at request of appellant:
MT 9m
AT 9m
AA
MT 6m
AT 12m
No details of offence but initial sentence of periodic detention considered appropriate
Edwards
NSW CCA 17.12.1999
Knowingly take part in cultivationPGnilMT 9m
AT 9m
AA
FT 5m 1w 2d
(expired day of appeal)
Mother of school aged children played active part in cultivating cannabis in shed on farm.
Delay of 4 years. Good rehabilitation.
Stanton
NSW CCA [417]
31.7.2000
CultivateVGMT 18m
AT 18m
ADNo facts - argument on appeal related to parity only. No argument that sentence of itself excessive.
Sirocic
NSW CCA [447]
26.10.2000
Cultivate

Sched:
Possession
3 plantsPGextensive record including drug offencesMT 2y
AT 2y
AA
18m
NPP 12m
Male found cannabis plants out jogging and took three home for own use. Police found 3,0005g cannabis matter in house.
McBurney
(72)
NSW CCA [203]
17.6.2004
Cultivate250 plantsPGNil4y 3m
NPP 9m
AA
3y
NPP 6m 10d (immediate release)
Degree of sophistication in cultivation – use of hydroponics
Prior good character – Severe medical condition – Fresh evidence as to deterioration in condition
Ly
(38)
NSW CCA [324]
4.10.2006
Cultivate183 plantsVGNil2y
NPP 12m
ADFemale – Involved with husband and co-offender in growing plants in home unit
Vietnamese – mother to small child – limited English – good character
Raso
NSW CCA [120]
30.5.2008
Cultivate60 plantsVGLengthy – drugs2y
Suspended
ADPlants grown in vacant suburban house owned by co-offender
Suffering physical injuries from serious car accident




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