s.23(1)(a) Drug Misuse and Trafficking Act 1985 (NSW) - cultivate less than commercial quantitys.32(1)(h) Drug Misuse and Trafficking Act 1985 (NSW) - maximum penalty 10yCommercial quantity - 250 plants
See also: Enhanced Indoor Means table below this table.
137 plants85 seedlings
MT 18mAT 6m
Found in shed in backyard. On appeal found SJ in error in not accepting plants grown for own use.Good subjectives.
2y PD$10,000 fine.
Nurtured plants in garage.
3.5 - 6oz
MT 6mAT 2m
AAFT 19w 3d(time served)
Found plantation and twice went with friends to remove cannabis for own use.
Cultivating for own use.
Knowingly take part in cultivationSched:Possess leaf and seed
two driving offences
3 years GBB
Crown AA18m PD
Plants being grown in state forest - 'commercial flavour'.
Knowingly take part in cultivation
MT 2yAT 1y
Plants found growing in house by landlord, who later found vegetable matter packaged.
CultivateSched:Possess 1.028kg cannabis
18m PDChanged at request of appellant:MT 9mAT 9m
AAMT 6mAT 12m
No details of offence but initial sentence of periodic detention considered appropriate
NSW CCA 17.12.1999
MT 9mAT 9m
AAFT 5m 1w 2d(expired day of appeal)
Mother of school aged children played active part in cultivating cannabis in shed on farm.Delay of 4 years. Good rehabilitation.
NSW CCA 31.7.2000
MT 18mAT 18m
No facts - argument on appeal related to parity only. No argument that sentence of itself excessive.
NSW CCA 26.10.2000
extensive record including drug offences
MT 2yAT 2y
Male found cannabis plants out jogging and took three home for own use. Police found 3,0005g cannabis matter in house.
NSW CCA 17.6.2004
4y 3mNPP 9m
AA3yNPP 6m 10d (immediate release)
Degree of sophistication in cultivation - use of hydroponicsPrior good character - Severe medical condition - Fresh evidence as to deterioration in condition
NSW CCA 4.10.2006
Female - Involved with husband and co-offender in growing plants in home unitVietnamese - mother to small child - limited English - good character
NSW CCA 30.5.2008
Lengthy - drugs
Plants grown in vacant suburban house owned by co-offenderSuffering physical injuries from serious car accident
Drug Misuse and Trafficking Act 1985 (NSW)
(a) cultivate by enhanced indoor means, or knowingly take part in the cultivation by enhanced indoor means of, a number of prohibited plants which is:
(i) not less than the small quantity applicable to the prohibited plants, and
(ii) less than the commercial quantity applicable to those prohibited plants, and
(b) cultivates, or knowingly takes part in the cultivation of, those prohibited plants for a commercial purpose
maximum penalty 15y
Commercial quantity - 50 plants
 NSWCCA 155
Knowingly concerned in cultivation by enhanced indoor means
Sched: Deal with proceeds of crime
2y 6mNPP 12m
Also found in possession of $104,450 proceeds from earlier harvest – extensive and sophisticated operation using hydroponics system
Suffering post traumatic stress disorder and an adjustment disorder with an anxious and depressed mood – wife suffering MS – remorse and good prospects of rehabilitation
 NSWCCA 128
Cultivation by enhanced indoor means
2 x firearms offences
Large sophisticated hydroponic cannabis plantation in the garage – high quality plants as well as drying cannabis, seeds and dried cannabis – packaged cannabis for sale
Consume electricity w/o authority
3y 6mNPP 2y
AA2y 7mNPP 1y 6m
Looking after 135 plants in home –trying to raise money to purchase ticket to return to Malaysia.
Illegal immigrant - A no more than gardener and lodger used as pawn by those who stood to profit from the venture – A's continuous presence in house exposed him to substantial risk of detection, not commensurate with meagre income A received – limited English, immigration status and poor financial circumstances made A prey to exploitation.
Sentence judge failed to take into account discount for guilty plea.
 NSWCCA 140
Good character – good prospects of rehabilitation
No basis for finding no conviction should have been recorded