Back to Top

Back to Sentencing Tables Index

These tables are intended to be used as a guide only. Individual cases should be read if they are to be relied upon

 

 

Cultivate Cannabis:  Commercial Quantity

s.23(2)(a) Drug Misuse and Trafficking Act 1985 (NSW) - cultivate commercial quantity
s.33(2)(b) Drug Misuse and Trafficking Act 1985 (NSW) - maximum penalty 15y
Commercial quantity - 250 plants
50 plants if grown by enhanced indoor means
See also:   Enhanced Indoor Means table which follows this table

CaseOffenceAmountPleaPriorsSentenceAppealFacts

Daoulas

NSWCCA

28.10.1993

 

Co-accused: METALLIDIS

Cultivate861 plantsPGnil

MT 3y 6m

AT 14m

AA

(parity)

MT 2y 6m

AT 10m

Well established plantation in isolated area.  Well planned enterprise.  Purely commercial enterprise.

Financial difficulties as result of termination from employment.  Family with two children.  Will face deportation.  Forfeiture of motor vehicle caused further hardship.

Metallidis

NSWCCA

23.2.1994

 

Co-accused:

DAOULAS

Cultivate861 plantsPG 

MT 3y 6m

AT 14m

AD

Well established plantation in isolated area.  Well planned enterprise.  Purely commercial enterprise.

M considered to be more culpable.

Blattman

NSWCCA

15.4.1994

Knowingly take part in cultivation1855 plantsPG Griffiths RemandCrown AD

Plants grown in indoor hydroponic garden.  Not prime mover. (Mistakenly sentenced for commercial not large commercial quantity)

Impressive turnaround in lifestyle.  Has care of young child.

Brittain

NSWCCA

15.8.1994

Knowingly take part in cultivation VG 

MT 4y 8m

AT 1y 9m

Conviction ADThree cultivation sites.

MacPhail

(27)

NSWCCA

18.11.1994

Cultivate

 

Sched:
5 offences

385 plantsPG

priors - no gaol

On recog at time of offence

MT 2y

AT 2y

AA

MT 15m

AT 15m

Growing seedlings in backyard of city dwelling.  To be transferred to country property for further growth.  Amateur operation.  Complete cooperation with police.  Also sentenced for minor supply and possession offences.

Gow

 

 

Shine

 

(1996) 85 A Crim R 76

Cultivate

 

 

Cultivate

856 plants

PG

 

 

PG

minor drug offence

 

nil

3y PD

 

 

3y PD

Crown AD

(Hulme J dissenting)

Commercial venture motivated by profit.  Plants grown hydroponically in garage of rented property..  B grew smaller number of plants in own home (185) while other offenders tendered plants in rented property. 

Good subjective features.

Co-offender Burnett sentenced to 6m/18m for cultivate and supply commercial quantity plants

Galway

NSWCCA

19.8.1998

Knowingly concerned in cultivation520 plantsVGdriving and use drugs

400h CSO

(PSC 2m 9d)

Crown AA

FT 6m

(completed CSO)

Plantation in bush.  TJ found no link to organised crime.

Good character.

Slattery

[2002] NSWCCA 145

Cultivate VGdrugs, firearms.  Previous custody.

MT 1y 10m 5d

AT 2y 6m

ADCircumstantial case against appellant linking him to plantation in bushland and at his residence.

Dopson

(2003) 141 A Crim R 302

Cultivate

 

Sched:

4 x poss cannabis

501 plants

PG

(25%)

cultivation and possession2y suspendedCrown AD

Growing plants using hydroponics system in parents garage - Personal use only - Seeking to grow as much cannabis as possible before parents returned

Longterm addiction - Employed and studying - Contact with 3 children - Drug rehabilitation program

Godden

(43)

[2005] NSWCCA 160

Cultivate

 

Sched:
Possess 280g leaf

319 plants

PG

(20%)

Minor – breached bond

3y 2m

NPP 2y

AA

2y 2m

NPP 1y 3m

Hydroponic system in house and shed – growing for profit – long term user

Evidence of rehabilitation

Giammaria

 

 

 

Karagiannis

 

[2006] NSWCCA 63

Knowingly take part in cultivation

 

Sched:

Knowingly take part in supply commercial qty

1,300-1,600

plants

 

 

450-550 plants

PG

(25%)

 

 

PG

(25%)

 

6y

NPP 2y 6m

 

 

6y

NPP 3y 6m

AA

4y 6m

NPP 2y

 

4y 6m

NPP 3y

Involved in major commercial plantation of cannabis plants – three plantation linked - G to receive eight share from larger plantation – K a minor management role in smaller plantation

Outside range

Quan

[2006] NSWCCA 382

Cultivate

 

Sched:

3 related offences

284 plants

PG

early

Nil

3y 2m

NPP 2y

AA

2y 2m

NPP 1y 3m 15d

Hydroponic system in own house – actual role unclear

Mature man – Vietnamese – gambling addiction

Case very similar to Godden

Nguyen

[2007] NSWCCA 94

Cultivate

 

 

 

Sched:

Supply 5.7kg leaf

278 plants (value $578k)

 

(Sched drugs: street value $50k)

PG

(25%)

Nil

30m

NPP 15m

ADGrew plants in house for profit.

HVN

[2007] NSWCCA 207

Cultivate348 plants

PG

(30% plea and assist)

 

2y

NPP 1y

AD

Plants grown in house – diverted electricity

Assistance of high order

Delfino

[2008] NSWCCA 18

Knowingly take part in cultivation250 plants

PG

(20%)

Supply drugs

4y

NPP 2y

ADPlants grown on property with co offenders – Role of harvester – only on property a short time – value $700k

 

 

 

Cultivate Cannabis:  Commercial Quantity

Enhanced Indoor Means

s.23(2)(a) Drug Misuse and Trafficking Act 1985 (NSW) - cultivate commercial quantity

s.33(2)(b) Drug Misuse and Trafficking Act 1985 (NSW) - maximum penalty 15y

Commercial quantity - 250 plants

50 plants if grown by enhanced indoor means 

CaseOffenceAmountPleaPriorsSentenceAppealFacts

Truong

(43)

[2009] NSWCCA 41

Cultivate by enhanced indoor means189 plantsVG 

3y 6m

NPP 1y 6m

AD

Growing plants in domestic house owned by offender – financial gain – a little below mid range

Difficult personal background - Vietnamese

Nguyen

(44)

[2009] NSWCCA 181

Cultivate by enhanced indoor means172 plants

PG

(25%)

Nil

4y

NPP 4y 6m

AA

3y

NPP 22m

Female – told to look after plants in house for money and accommodation – Suburban house – sophisticated operation – not principal – tending and guarding plants

Vietnamese – husband and two children in Vietnam – adult son in Australia – illegal immigrant

Pham

(43)

[2009] NSWCCA 266

Cultivate by enhanced indoor means

 

Drug Premises offence

 

Sched:

Electricity offence

112 plants

PG

(25%)

nil

3y

NPP 18m

(FT 6m concurrent)

AD

Plants grown in garage adjoining house – immediate co-operation with police – sophisticated arrangement – low level involvement – to receive $10,000-15,000 for babysitting crops

Vietnamese

Nguyen

[2011] NSWCCA 127

Cultivate by enhanced indoor means

 

Sched: dealing with electricity w/o auth; being found on drug premises

168 plants

PG

(25%)

Possess drugs, dishonesty

4y

NPP 2y 6m

ADTenant of premises – police located plants in home – street value in excess of $500,000 – role of "major player"

Portolesi

(37)

[2012] NSWCCA 157

Cultivate by enhanced indoor means

 

Supply

 

7 summary offences

197 plants

 

3.37kg

PG

(25%)

minor

5y

NPP 3y 6m

 

2y

 

Total:

5y 6m

NPP 4y

ADPlants grown in shed on vineyard owned by appellant – sole principal – significantly above mid-range

Nguyen

(34)

[2012] NSWCCA 42

Cultivate by enhanced indoor means157 plantsPG (25%)nil

5y 3m

NPP 3y

ADPlants being grown in residential premises in southern Sydney – enhanced indoor means – electricity bypassed – instigator who recruited his co-offenders – financial greed

Tan

(33)

[2013] NSWCCA 164

Cultivate by enhanced indoor means

 

Sched:

Possess 36g cannabis

153 plants

PG

(25%)

Minor

4y 6m

NPP 2y 9m

AA

3y

NPP 2y 2m

Sophisticated indoor cultivation

Gambling / drug problems

Andreata

[2015] NSWCCA 239

Cultivate by enhanced indoor means

 

Supply

 

Sched:

3 offences

 

Plus summary offences

somewhere between agreed amount of about 50 and full amount of 133

PG

(20%)

Not relevant

Cultivate - 6y

NPP 3y

 

 

Supply- FT 3y concurrent

 

 

Total:

6y

NPP 3y

AA

3y

NPP 18m

 

FT 18m

 

 

 

Total:

3y 3m

NPP 1y 9m

 

Plants grown in house leased by A – limited role – not principal but not limited to watering plants / babysitting -  cultivation involved a reasonable level of sophistication, but scale relatively small in context of a commercial quantity -   2.385 kg cannabis located

Good work record - stable family circumstances.

 

NB:  Reference to comparative cases

Error in stating maximum sentence for supply offence –sentence for cultivate charge manifestly excessive

Crowley

(36)

[2017] NSWCCA 99

​Cultivate by enhanced indoor means

 

s.166

2 x possess

128 plants

 

 

 

2.64kg leaf

20g seeds

PG

(25%)

3y

NPP 2y

​ADFine for possessionPlants frown in rooms attached to garage – originally set up by mother who grew plants for many years – claim purely for personal use and hobby rejected by judge who found offender ready to supply – mid range

 Last updated: 17/7/2017

 

 

 

 Back to Sentencing Tables Index