R v Constable

In the case of The Queen v Alex Edward Constable, the defendant was sentenced for cultivating cannabis. The defendant pleaded guilty to the charge and was referred to the High Court for sentencing. The defendant was found with a significant amount of cannabis plants and growing equipment in his home during a police visit for an unrelated matter. The defendant had a lengthy criminal history, with multiple drug-related convictions.

The court was required to determine the appropriate starting point for the defendant's sentence, taking into account the commercial nature of the offence, and then adjust that starting point based on any aggravating or mitigating personal factors. The court also needed to consider the defendant's guilty plea and its impact on the sentence.

The court determined that the starting point for the defendant's sentence was two and a half years, reflecting the commercial nature of the offence. The court added three months to the starting point to reflect the defendant's extensive criminal history, but reduced the sentence by eight months due to the defendant's guilty plea. The court ultimately sentenced the defendant to two years and one month in prison, and ordered the destruction of the drugs, drug utensils, and growing equipment seized.