R v Kuzmic

[2020] NSWDC 934

District Court

New South Wales

Medium Neutral Citation:

R v Kuzmic [2020] NSWDC 934

Hearing dates:

18 December 2020

Date of orders:

18 December 2020

Decision date:

18 December 2020

Jurisdiction:

Criminal

Before:

Neilson DCJ

Decision:

Pars [37]-[41], [43].

Catchwords:

CRIME – SENTENCE – Cultivation of prohibited plants – Cannabis – Numerous driving offences of, inter alia, driving whilst suspended and disqualified – Plea of guilty at earliest opportunity - Contrition and remorse – Prospects of rehabilitation.

Legislation Cited:

Crimes (Sentencing Procedure) Act 1999 (NSW)

Fines Act1996 (NSW)

Cases Cited:

Kresovic v Regina [2018] NSWCCA 37

R v Hyland [2020] NSWDC 933

Texts Cited:

Nil.

Category:

Sentence

Parties:

R – Crown
Offender – Zoran Kuzmic

Representation:

R – Pattinson
Offender - Todd

File Number(s):

2020/00029814

Publication restriction:

Nil.

Judgment

Background

1. HIS HONOUR: The facts of this case are discussed in the sentence of the offender’s mother, and technically his co-offender, Ms Susan Gai Hyland, in R v Hyland [2020] NSWDC 933. I turn now to the sentence for the offender in this case, and the son of the duo, Mr Zoran Kuzmic. Mr Kuzmic was born in May 1984. He is currently 36 years old.

2. As I said in R v Hyland, earlier in January 2020 police commenced an investigation into the suspected cultivation of cannabis by enhanced indoor means at premises at Bexley North and also at 37 Thomas Street, Hurstville. At the time, the offender was residing with his mother at Bexley North. He was neither the tenant nor the owner of the property at 37 Thomas Street, Hurstville.

3. Between 15 and 29 January 2020 the police commenced electronic and physical surveillance of the premises at Hurstville. On three occasions during that period the offender was seen to arrive at, leave or be at the premises at Hurstville.

4. The offender’s driver’s licence was disqualified by order of the Burwood Local Court commencing on 19 February 2019. The disqualification was to end on 19 February 2020. On 17 January 2020, the offender was seen under surveillance at 37 Thomas Street, Hurstville to enter the driver’s seat of a grey Subaru Impreza, registered number BVP45G. That constitutes an offence of driving a motor vehicle during a period of disqualification. It is a matter on a s 166 certificate for which I must deal with the offender.

5. On 22 January 2020 at about 8.55am police observed the offender leave the front door of the premises at Hurstville and enter the driver’s side door of the grey Subaru and drive it to 26 Oliver Street, Bexley North, where he entered by the front door. That constitutes a second offence of driving whilst disqualified and is a matter which I must deal with on the s 166 certificate.

6. On 28 January 2020 investigators applied for and were granted search warrants for both the property at Bexley North and the property at Hurstville. The search warrant for the premises at Hurstville was executed on 29 January 2020. Inside the premises, the…