R v Said

[2018] NSWDC 430

District Court

New South Wales

• Amendment notes

Medium Neutral Citation:	R v Said [2018] NSWDC 430
Hearing dates:	26 November 2018
Date of orders:	26 November 2018
Decision date:	26 November 2018
Jurisdiction:	Criminal
Before:	M L Williams SC DCJ
Decision:	At [9].
Catchwords:	SENTENCING – cultivate prohibited plant – Drug Misuse and Trafficking Act – special circumstances – term of imprisonment
Legislation Cited:	Crimes (Sentencing Procedure) Act 1999 Drug Misuse and Trafficking Act 1985
Cases Cited:	R v Huang [2000] NSWCCA 238 R v Nguyen [2009] NSWCCA 181 R v Shi [2004] NSWCCA 134
Texts Cited:	None
Category:	Sentence
Parties:	Regina (Crown)   Abdul Said (Offender)
Representation:	Mr Moran (Crown – DPP)   Mr Steward (Counsel for the Offender)
File Number(s):	2018/113956

Judgment

1. Mr Abdul Said is a young man born in March 1997. He came to Australia on a tourist visa in 2015, and appears to have been employed for some time and then got involved in activities which led to his arrest on 11 April 2018 on a charge of cultivate prohibited plants, being cannabis, by enhanced indoor means, the quantity not less than the commercial quantity under s 23(2)(a) of the Drug Misuse and Trafficking Act 1985 which carries a maximum penalty of 15 years imprisonment with no standard non-parole period.

2. He has been in custody since 11 April 2018, and it is common ground that a term of full time custody is required by the circumstances of this case and it is unnecessary for me to consider any alternatives under s 5 of the Crimes (Sentencing Procedure) Act 1999 and in the light of the purposes of sentencing set out in s 3A of the Act. It is common ground that he should receive a 25% discount on the term of imprisonment due to the utilitarian value of the early plea and that the sentence of imprisonment should commence on 11 April 2018.

3. The Crown does not contest the proposition that a finding of special circumstances should be made in view of a number of matters summarised in the written submissions, namely, this is his first custodial sentence; his custodial sentence is undoubtedly more onerous due to his lack of family support here; there is some limited evidence of a mental illness and his rehabilitation will probably be best assisted by support on the outside as indicated by the psychologist.

4. The evidence demonstrates that police executed a search warrant on an address in Lidcombe on 11 April 2018. The front doors were barricaded and they had to gain access through the rear. The offender was inside and he was arrested at the time. There was a sophisticated enhanced hydroponic cannabis growing operation in place. There were a total of 100 cannabis plants, more than double the commercial quantity, set up in five purpose built enclosed rooms. It is agreed that the estimated street value of the plants was $491,000. There were additional growing rooms with transformers, lampshades, light globes, cables and fertiliser.

5. He engaged in a record…