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

  

Drugs - Cannabis -
Cultivate Large Commercial Quantity 

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

s.33(3)(b) Drug Misuse and Trafficking Act 1985 (NSW) - maximum penalty 20y 

Large commercial quantity - 1000 plants;   200 plants if grown by enhanced indoor means

Standard Non-Parole Period – 10 years (for offences where offender pleaded guilty or was convicted on or after 1.1.2008)

See also:   Enhanced Indoor Means which follows this table 

CaseOffenceAmountPleaPriorsSentenceAppealFacts

Pellizzeri

NSW CCA

15.11.1991

Cultivate9665 plants

PG

 

Nil

MT 3y

AT 1y

(JIRS summary)

Crown appeal dismissed

Police raided a plantation consisting of 9,665 cannabis plants on which the respondent was the caretaker and worker (not a principal person) and in possession of a gun.

Aged 45.  Italian immigrant. Psychiatric report referred to a "disturbed domestic background".

Kasadelis

 

 

 

Tsagaris

 

 

Pelle

NSWCCA

5.9.1994

Cultivate

 

 

Cultivate

 

 

Cultivate

 

PG

 

 

PG

 

 

PG

nil relevant

 

 

supply and cultivate

 

nil

MT 5y

AT 1y 8m

 

MT 3y 6m

AT 1y 2m

 

MT 3y

AT 1y

AD

 

 

AD

 

 

AD

Cultivation on remote property near Bourke.  K was entrepreneur.  T and p workers only, T involved longer than P.

K motivated by difficult financial position.  Suffered from heart condition making imprisonment more onerous.  Genuinely contrite.

P:  severely handicapped child, genuinely contrite, difficult financial position.

Overall

NSW CCA

29.11.1996

Knowingly take part in cultivation4,646 plantsPG 

MT 1y

AT 1y

AD

Serious horticultural endeavour.  Played important but not primary role in offence.  Purchased equipment and visited workers daily.  Pressured into offence when under financial stress.

Very strong subjective case.  Valuable assistance to authorities.

Catanzariti

 

Piromalli

 

Trajkov

 

NSW CCA

31.10.1997

Cultivate3169 plantsPGof no significance

MT 6y

AT 2y

AA

MT 3y

AT 1y

Each played important role over three month period.

Barbara

NSW CCA

24.2.1997

Cultivate4237 plantsPGnil2y 6m PD

Crown AD

(inadequate but dismissed because of ill health)

4,237 plants growing in the roof cavity of the respondent's flower plantation. Extensively developed cultivation materials.

Aged 63. Driven by financial failure. Strong family support. Severe angina and evidence of marked deterioration since sentence.

 

Oygur

NSW CCA

31.10.1997

Cultivate

 

Sched:

3 x possession

1239 plantsPGproperty, drugs.  No previous custody.

MT 2y 18 days

AT 9m 12 days

(+ 2m PSC)

AD

Police videotaped the applicant and another at a property tending 1,239 cannabis plants.

Aged 34.

 

Giacobello

(46)

[2001] NSWCCA 473

Cultivatemore than 2000 plantsPGprior record including trafficking cannabis

4y

NPP 3y

ADAdmitted taking part as cultivator for financial gain.

Skorin

(28-9)

[2005] NSWCCA 276

 

Co-offender:

MAMMONE

VALENSISE

Knowingly take part in cultivation6,765 plants

PG

(25%)

 

Total of 60% reduced to 40% on appeal

Nil

2y 2m

NPP 1y

Crown AA

4y 6m

NPP 2y 9m

Involved in cultivation on rural property – intermediate level – Organised and supplied materials and recruited one worker – Commercial gain

Assistance

Nguyen

(22)

[2005] NSWCCA 448

 

Co-offender:

CANNISTRA

NGUYEN

Knowingly take part in cultivateOver 30,000 plantsPGNil

9y

NPP 5y

AA

5y 6m

NPP 3y

Recruited to work on plantation for four months

Parity

Mangano

(2006) 160 A Crim R 480

 

Co-offender:

GRECO

Knowingly take part in cultivation

 

Sched:

Knowingly take part in cultivation

Nearly 10,000 plants

 

Over 6.000 plants

PG

(50% plea and assist)

Nil

2y

NPP 14m

PD

Crown AA

4y 5m

NPP 2y 5m

Involved in two plantation over 6 months – Assistant / labourer – to be paid $100,000

Financial difficulty – good character - assistance

Mammone

(73)

[2006] NSWCCA 138

 

Co-offender:

SKORIN

VALENSISE

Knowingly take part in cultivationOver 6000 plants

PG

(12.5% on appeal)

Shoot with intent.  On parole.

5y 2m 12d

NPP 2y 6m

Crown AA

5y 8m

NPP 3y 6m

Involved in two plantations – cleared land, visited and inspected crops, recruited workers.

Elderly – ill health – special circumstances.

Valensise

[2006] NSWCCA 315

 

Co-Offender:

SKORIN

MAMMONE

Knowingly take part in cultivation

 

Sched:

Supply cannabis

Supply ecstasy

Supply methyl

6,795 plants

 

 

 

978.7g

87.5g

7.18g

PG

(25%)

Nil significant

30m

NPP 8m 30d

Crown AA

3y 4m

NPP 2y

Involved in two properties in country

Cannistra

(64)

 

 

 

Nguyen

(25)

 

[2006] NSWCCA 389

 

Co-offender:

NGUYEN

Knowingly take part in cultivation

 

Sched:

Cultivate lge comm. qty

30,051

PG

(50% plea and assist)

 

PG

(30% plea and assist)

Minor

 

 

 

 

Nil

7y 3m

NPP 4y 9m

 

 

 

8y 2m

NPP 5y 2m

Crown AA

9y

NPP 5y 10m

 

 

Crown AD

Involved in three crop sites in rural area

C – central figure at property and controlling mind – assistance – ill health

N – female – in relationship with C – paid to recruit and carry out tasks – more than worker – assistance - depression

Gattellari

(20)

 

McRae

(26)

 

[2007] NSWCCA 5

Cultivate2,742 plants

PG

(25%)

 

PG

(25%)

Nil

 

 

Minor

5y 9m

NPP 3y 2m

AD

Managed plantation in remote area after injury to co-offender – extensive indoor cloning operation inside steel shed – soccer field sized outdoor crop

Both of good character

Licastro

(36)

[2008] NSWCCA 131

Knowingly take part in cultivation3,831 plantsVGRecord including drug use and possession offences

8y

NPP 6y

AD

Principals in sophisticated plantation

Long history of drug abuse

Romano, N

 

 

Romano, L

 

[2009] NSWCCA 63

Knowingly take part in cultivation8000 plants

PG

(9.9%)

 

VG

 

10y

NPP 6y

 

8y 11m

NPP 5y

AD

 

 

AD

N principal in cultivation.  L middle echelon in operation.

Greco

(55)

[2010] NSWCCA 268

 

 

Co-offender:

MANGANO

Knowingly take part in cultivation9,995 plants

PG

(25%)

minor

5y 6m

NPP 3y 3m

AD

Large and well organised plantation on property near Dubbo – major player at intermediate level or above although not principal – involved in establishing and maintaining plantation – arranged for building of dam – recruited people – purchased or provided equipment

Disappeared and not arrested until 4.5 years after discovery

Green

(24)

 

 

Quinn

(32)

 

(2010) 207 A Crim R 148

NSWCCA

 

(2011) 244 CLR 462

HCA

Cultivate

 

 

 

Cultivate

 

Sched:

3 offences

1354 plants

PG

(20%)

 

 

PG

(20%)

No significance

 

 

Minor

4y

NPP 2y

 

 

6y

NPP 3y

Crown AA

5y

NPP 3y

 

8y

NPP 5y

 

AA

Original sentences reinstated

4y

NPP 2y

 

6y

NPP 3y

SNPP 10 years

Sophisticated operation using hydroponics in up to 9 sites concealed in state forests

Q – principal – offence at mid point

G – senior level – offence at just below mid-point – remorse – low risk of re-offending

Beveridge

(39)

[2011] NSWCCA 249

Cultivate3,373 plants

PG

(25%)

Nil

6y

NPP 3y 6m

AD

SNPP 10 years

Plantation in State Forest – sophisticated watering system – found by police watering and attending to plants – actively involved but no full knowledge – below mid-range

Prior good character – good prospects of rehabilitation

Clarke

[2015] NSWCCA 232

Cultivate by enhanced indoor means

 

Sched:

organising the conduct of drug premises

1997 plants

PG

(25%)

 

7y

NPP 4y

AD

SNPP 10 years

Plants found in sheds - Employee, not a principal, but clearly had a significant role in a sophisticated operation – paid for his role – took part in operation for about 1 month

Zanker

(24-25)

[2016] NSWSC 1653

Fagan J

Knowingly take part in cultivation664 plants
PG
(25%)
Minor

3y 9m

NPP 2y 6m

 

SNPP 10 years

Sophisticated plantation in shed on property – labourer involved from beginning of operation – lived on site and worked full-time tending plants – planned activity in concert with others over 12 months – smoked cannabis in high dosage entire time

Spina bifida causing health problems – extremely difficult and disadvantaged childhood

 Last updated 17/7/2017

 

 

 

Cultivate Cannabis:  Large Commercial Quantity
Enhanced Indoor Means


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

s.33(3) Drug Misuse and Trafficking Act 1985 (NSW) - maximum penalty 20y

Commercial quantity 50 plants

Large Commercial quantity 200 plants  

Case
(age if known)

OffenceAmountPleaSentenceAppealPriorsFacts

Bui

[2008] NSWCCA 314

Cultivate by enhanced indoor means

 

Sched:

Possess 168g cannabis leaf

281 plantsPG (25%)

5y

NPP 3y

ADNeg drive

Growing plants in house – sophisticated set-up

Vietnamese

Nguyen

(55)

[2009] NSWCCA 283

Cultivate by enhanced indoor means

 

Sched:

4 offences

202 plantsPG

5y 7m

NPP 3y 3m

ADNil

SNPP 10 years

Hydroponic operation at premises - role was to remain at premises each night, water and fertilise plants, change globes as required - operation already set up when offender joined

Phan

[2010] NSWCCA 8

Cultivate by enhanced indoor means

 

Sched:

electricity offence

 PG

5y

NPP 3y

ADDrug offences

SNPP 10 years

Sophisticated hydroponic system used to grow $500,000 worth of cannabis in house – minor involvement as handyman over three days

Low intellectual capacity

Tran

(31)

[2010] NSWCCA 72

Cultivate by enhanced indoor means210 plants

PG

(25%)

7y 6m

NPP 5y

ADPrior for growing cannabis

SNPP 10 years

Grew plants at house to make money – worked alone – just below mid-range

Wong

(22)

[2010] NSWCCA 160

Cultivate by enhanced indoor means255 plants

PG

(25%)

3y 9m

NPP 1y 9m

ADNil

SNPP 10 years

Grew plants at house instead of having to pay rent – denied knowing plants were cannabis – claimed watering plants for man he rented house from - did not know who plants belonged to – below mid-range

Good character – sound work history – supportive family

Pham

(55)

[2011] NSWCCA 3

Cultivate by enhanced indoor means

 

Possess cannabis leaf

305 plantsPG

8y

NPP 5y

AD 

SNPP 10 years

Vietnamese national - Sophisticated hydroponics set-up in house owned by wife

Ta

(48)

 

Nguyen

(27)

 

[2011] NSWCCA 32

Knowingly take part in cultivation by enhanced indoor means551 plantsVG

7y

NPP 4y

AA

5y

NPP 3y

Nil

 

 

Nil significant

SNPP 10 years

Plants being grown in residential house – participants not principals – only seen at house for one hour - below mid-range

T – female – sole parent

N - male

Stock

[2011] NSWCCA 49

Cultivate by enhanced indoor means

 

Conceal serious offence

335 plants

PG

(25%)

9y

NPP 5y

AD 

SNPP 10 years

Plants grown in shed on property – production set up by offender - paid co-offender money per month to keep lease of property in his name and to maintain property and plants - part of group of offenders - sophisticated enterprise – street value $1 million – mid-range objective seriousness.

Special circumstances - Youth - rehabilitation

Nguyen

[2011] NSWCCA 92

Cultivate by enhanced indoor means

 

Sched:

Possess false driver licence

317 plants

PG

(25%)

6y 5m

NPP 4y 9m

AD 

SNPP 10 years

Female - with co-offenders, plants grown at home rented by offender – not principal – no evidence contributed financially to enterprise – no evidence of management or decision making on day to day basis - planned, involved installation of complex irrigation and electrical support mechanisms not by offender - offence "slightly less than mid-range of seriousness but at a level much closer to mid-range than low range" - potential street value $1.2 million.

Co

(44)

[2011] NSWCCA 148

Cultivate by enhanced indoor means266 plants

PG

(25%)

7y 6m

NPP 4y

ADNil

SNPP 10 years

Sophisticated hydroponic system – premises heavily fortified – electricity illegally used – fully involved – lower end of mid-range of seriousness

Vietnamese

Last updated: 17/7/2017

 

 

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