R v Momoka [2022] NSWDC 40

District Court New South Wales

Medium Neutral Citation: R v Momoka [2022] NSWDC 40 Hearing dates: 4 February 2022 Date of orders: 8 February 2022 Decision date: 08 February 2022 Jurisdiction: Criminal Before: Bright DCJ Decision: Orders at [63]-[65]. Catchwords: CRIME — Drug offences — Cultivate prohibited plant — Large commercial quantity Legislation Cited: Crimes (Sentencing Procedure) Act Crimes Act Drug Misuse and Trafficking Act Category: Sentence Parties: Regina (Crown) Josefa Momoka (Accused) Representation: Shukoor (Counsel for Accused)

Nettleton (Solicitor Advocate for Crown) File Number(s): 2020/00152271

Judgment 1. Josefa Momoka, 25 years of age, appears for sentence in relation to one offence of cultivate cannabis large commercial quantity, 632 plants, by enhanced indoor means, an offence pursuant to s 23(2)(a), Drug Misuse and Trafficking Act. The maximum prescribed penalty for that offence is 20 years imprisonment. There is a prescribed standard non-parole period of ten years. 2. When dealing with the offender for that offence the Court is taking into account two further offences on a Form 1 as follows: 1. Larceny, an offence pursuant to s 117, Crimes Act. The maximum prescribed penalty when dealt with in the Local Court is two years, when dealt with on indictment is five years. 2. Destroy or damage property, an offence pursuit to s 195(1)(a), Crimes Act. The maximum prescribed penalty for that offence when dealt with summarily is two years imprisonment, when dealt with on indictment is five years imprisonment. 1. The offender pleaded guilty at the Gosford Local Court on 29 October 2021. Having regard to the timing of the plea, I propose to allow a discount on sentence of 25%. The offender has been in custody since his date of arrest 27 May 2021. The sentence imposed today will be backdated to that date. 2. At the time of the commission of the principal offence the offender was on a 12 month conditional release order. I have been asked to callup the offender in respect of that matter during the current sentence proceedings.