R v Tassone

In R v Tassone, the Court of Appeal considered an appeal against sentence. The appellant had been convicted of possessing cannabis for the purpose of sale, providing premises for its packaging, and assisting his nephew to avoid police detection. The quantity of cannabis involved exceeded ten kilograms, carrying a maximum penalty of 25 years' imprisonment. The appellant agreed to pay $100,000 for the forfeiture of his home where the cannabis was discovered.

The legal issues before the court concerned the appropriate sentence for the appellant's involvement in the commercial cannabis trade. Specifically, the court had to determine whether the sentence of four years and six months imprisonment, with a non-parole period of three years, was manifestly excessive given the appellant's role. The court also considered the relevance of the appellant's prior knowledge and involvement in the cannabis trade, as evidenced by hydroponic equipment found on the premises, and the fact that his nephew, who was directly involved in the supply and sale, had died.

The court reasoned that the appellant was not a passive participant but was actively involved in a commercial operation, accepting payment for his role in packaging the cannabis. While the appellant was not involved in the direct supply or sale, he was aware of his nephew's intention to sell the drug and provided his premises to facilitate this, specifically to evade police surveillance. The court noted that the appellant was not naive and acknowledged his involvement in the cannabis trade. The sentencing judge had correctly used the evidence of prior involvement, such as the hydroponic equipment, not to penalise past or future offending, but to demonstrate that the current offence was part of a broader engagement in the cannabis trade.

The Court of Appeal dismissed the appeal, finding that the sentence imposed by the sentencing judge was not manifestly excessive. The court upheld the sentence of four years and six months imprisonment with a non-parole period of three years.