R v Featherstone

[2023] NSWDC 240

District Court

New South Wales

Medium Neutral Citation:

R v Featherstone [2023] NSWDC 240

Hearing dates:

28 June 2023

Date of orders:

6 July 2023

Decision date:

06 July 2023

Jurisdiction:

Criminal

Before:

Priestley SC DCJ

Decision:

See [59]

Catchwords:

CRIME — Drug offences — Enhanced indoor cultivate cannabis for commercial purposes

CRIME — Drug offences — Possess prohibited drug

CRIME — Drug offences — Supply prohibited drug — Commercial quantity

Legislation Cited:

Drug Misuse and Trafficking Act 1985 (NSW)

Cases Cited:

Mesterovicv The Queen [2016] NSWCCA 140

Texts Cited:

Attorney General’s Application under s37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146 per Spigelman CJ

Category:

Sentence

Parties:

Rex (The Crown)
John Featherstone (Offender)

Representation:

Counsel:
Anderson for Featherstone

Solicitors:
Bertuzzi for The Director of the Office of Public Prosecutions

File Number(s):

2022/00082390

Publication restriction:

NA

JUDGMENT

1. John Featherstone, the offender, appears for sentence in respect of the following two offences:

1. In breach of section 23(1A) of the Drug Misuse and Trafficking Act (“DMTA”) he cultivated a prohibited plant namely cannabis of not less than the small quantity but less than the commercial quantity and being 13 plants by enhanced indoor means. The maximum sentence is 15 years imprisonment and/or 3500 penalty units. There is no standard non-parole period. This offence will be referred to as “the cultivate offence”.

2. In breach of section 25(2) DMTA he supplied a prohibited drug (not cannabis) in an amount no less than the commercial quantity. That drug was psilocybin. The maximum penalty for that offence is 20 years imprisonment and or 3500 penalty units. The offence has a standard non-parole period of 10 years. This offence will be referred to as the “supply offence”.

2. I take the maximum sentences and the standard non-parole period in respect of the cultivate offence into account as legislative guideposts indicating the legislature’s view of the seriousness of the offences to assist in arriving at the appropriate sentence.

3. In respect of the cultivate offence there are a further three offences to take into account by way of the Form 1 procedure. Those three further offences are as follows:

1. In breach of section 10(1) DMTA being in possession of 6 g of cannabis leaf; the maximum sentence for that offence is 2 years imprisonment and/or a fine of 20 penalty units;

2. A second count in breach of section 10(1) DMTA of being in possession of 3 g of cannabis seeds; the maximum sentence for this offence is 2 years imprisonment and/or a fine of 20 penalty units;

3. In breach of section 25(1) of the DMTA, supplying a prohibited drug namely cannabis in the amount of 1.5 kg. I note that is an indictable quantity but less than a commercial quantity so that the maximum sentence for that offence when dealt with on indictment is a term of imprisonment of 10 years and/or a fine of 2000 penalty units.

4. In regards to the Form 1 procedure it is important that the focus…