R v Yates

[2017] NSWDC 172

District Court

New South Wales

Medium Neutral Citation:	R v Yates [2017] NSWDC 172
Hearing dates:	12 May 2017
Date of orders:	12 May 2017
Decision date:	12 May 2017
Jurisdiction:	Criminal
Before:	Berman SC DCJ
Decision:	Taking into account a matter on a Form 1, I impose an aggregate sentence of imprisonment consisting of a non-parole years with a head sentence of 4 years.
Catchwords:	CRIMINAL LAW – Sentence – Form 1 – Cultivate large commercial quantity of a prohibited plant - Cultivate commercial quantity of a prohibited plant
Category:	Sentence
Parties:	The Crown Randall Yates
Representation:	Counsel: Mr G Jauncey – The Offender   Solicitors: Director of Public Prosecutions – The Crown
File Number(s):	2016/159630

SENTENCE

1. HIS HONOUR: When Mr Randall Yates was giving evidence before me today he said, quite accurately, that alcohol and drugs had ruined his life. He is far from the first person to say that to me in court. Alcohol and drugs ruin many lives, and Mr Yates is deserving of sympathy because of the effects of alcohol and drugs upon him. But conversely, the problems and the harm that drugs cause to members of the community, both directly in the case of drug users, and indirectly in the case of the community generally, is something that makes offences such as those committed by Mr Yates so serious.

2. He is to be sentenced for having cultivated two separate crops of cannabis. These were both cultivated in houses which he owned, one of which he lived in; the other of which was only used for the purpose of cannabis cultivation. He pleaded guilty to these two offences at the earliest opportunity, and when I sentence him for the first of those he ask that I take into account three other matters on a Form 1.

3. The first offence is an offence of cultivating a large commercial quantity of prohibited plants. It has a maximum penalty of 20 years’ imprisonment, and importantly a standard non-parole period of ten years. The second offence is an offence of cultivating a commercial quantity of prohibited plants. It has a maximum penalty of 15 years with no standard non-parole period. I have taken into account both the maximum penalties and the standard non-parole period where appropriate in formulating the sentences to impose upon the offender. I have also taken into account the utilitarian benefit that Mr Yates’ pleas of guilty have for the criminal justice system, the sentences have been discounted by 25% to reflect that circumstance.

4. Matters came to the attention of police when they went to the home owned and occupied by the offender in North Curl Curl. They were armed with a search warrant. They explained that they intended to search both the house that Mr Yates was living in, and a second house, to which I will make further reference later. When he was asked if he had plants, Mr Yates made a clear admission. He said, “You hit the jackpot here, seriously.” The search was…