R v Jolic [2022] NSWDC 284

District Court New South Wales

Medium Neutral Citation: R v Jolic [2022] NSWDC 284 Hearing dates: 30 June 2022 Date of orders: 22 July 2022 Decision date: 22 July 2022 Jurisdiction: Criminal Before: Wilson SC DCJ Decision: See [51] Catchwords: Crime – sentencing – two counts of cultivate prohibited plants by enhanced indoor means – Form 1 charge of deal with proceeds of crime. Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Cases Cited: Re Attorney General's Application (No 1 of 2002) (NSW) (2002) 56 NSWLR 146 Category: Sentence Parties: Regina Miroslav Jolic Representation: Solicitors: Ms C Moore (Crown) Mr M Betts (Legal Aid) File Number(s): 2021/46016 Publication restriction: Nil.

Judgment 1. Miroslav Jolic (the offender) has pleaded guilty to 2 counts of cultivating prohibited plants (cannabis) by enhanced indoor means and admitted his guilt in relation to a charge of deal with the proceeds of crime. They are, respectively, sequences 10, 11 and 5 of charge number ending 504. 2. A backup offence of knowingly participate in a criminal group (sequence 4) is withdrawn and dismissed.

Guidepost 1. For the cultivate charges, the maximum penalty is 15 years imprisonment and/or a fine of 3500 penalty units. For the deal with proceeds of crime charge the maximum penalty is three years imprisonment. These maximum penalties reflect the seriousness with which the community, through Parliament, views this offending and are guideposts for sentencing judges.