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 YatesRepresentation: Counsel:
Solicitors:
Mr G Jauncey – The Offender
Director of Public Prosecutions – The Crown
File Number(s): 2016/159630
SENTENCE
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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.
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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.
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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.
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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…
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- AGLC
- R v Yates [2017] NSWDC 172
- Case
- [2017] NSWDC 172
- Decision Date
CaseChat Overview and Summary
The court was required to determine the appropriate aggregate sentence for Yates, considering the statutory framework governing the cultivation of prohibited plants and the sentencing principles applicable to such offences. Specifically, the court needed to assess the seriousness of the offence, the culpability of the offender, and any relevant mitigating or aggravating factors.
In delivering the judgment, the court considered the nature and extent of Yates's involvement in cultivating the prohibited plant on a commercial scale. The court emphasised the gravity of the offence and the potential impact on the community. The court also took into account Yates's criminal history and any other relevant circumstances. Ultimately, the court determined that an aggregate sentence of imprisonment was warranted, with a non-parole period of years and a head sentence of 4 years.
The court made an order imposing this sentence on Yates, taking into account the factors discussed above. The sentence reflects the court's view of the seriousness of the offence and the need to deter future offending of a similar nature.
Orders
Orders of the court
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.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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