R v Chan [2021] NSWDC 531

District Court New South Wales

Medium Neutral Citation: R v Chan [2021] NSWDC 531 Hearing dates: 11 August 2021 Date of orders: 11 August 2021 Decision date: 11 August 2021 Jurisdiction: Criminal Before: Bennett SC DCJ Decision: Term of imprisonment of 2 years 6 months with a non-parole period of 1 year 3 months Catchwords: CRIME — Drug offences — Cultivate prohibited plant CRIME — Drug offences — Enhanced indoor cultivation SENTENCING — Penalties — Imprisonment Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Drug Misuse and Trafficking Act 1985 Cases Cited: Imbornone v R [2017] NSWCCA 144 R v Qutami [2001] NSWCCA 353 Category: Sentence Parties: Regina (Crown) Hock Lye Chan (Offender) Representation: Amarande Chauvet (Crown) Roland Keller (Counsel for the Offender)

Director of Public Prosecutions (NSW) (Crown) Solis Lawyers (solicitors for the Offender) File Number(s): 2020/00284566

REVISED EX TEMPORE JUDGEMENT

INTRODUCTION 1. Hock Lye Chan appears for sentence in respect of one offence contrary to s 23(2)(a) Drug Misuse and Trafficking Act 1985, expressed in the following terms: that he on 1 October 2020, in Marsfield in the State of New South Wales, did knowingly take part in the cultivation of a number of prohibited plants, namely 172 cannabis sativa plants, cultivated by enhanced indoor means, which was not less than the commercial quantity applicable to that prohibited plant.

MAXIMUM PENALTY 1. The maximum penalty for this offence is imprisonment for 15 years and a fine represented by 3,500 penalty units. There is no standard non‑parole period specified for the purposes of Part 4 Div 1A Crimes (Sentencing Procedure) Act 1999.