R v Friese [2022] NSWDC 428

District Court New South Wales

Medium Neutral Citation: R v Friese [2022] NSWDC 428 Hearing dates: 30 June 2022 Date of orders: 26 September 2022 Decision date: 26 September 2022 Jurisdiction: Criminal Before: Wilson SC DCJ Decision: See [103] Catchwords: CRIMES- - Sentencing - Knowingly take part in the cultivation of prohibited plants namely cannabis by enhanced indoor means. Legislation Cited: Confiscation of Proceeds of Crime Act 1989 Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act Drugs Misuse and Trafficking Act Cases Cited: Bugmy v The Queen [2013] HCA 37 Doyle v R [2022] NSWCCA 81 PH v R [2009] NSWCCA 161 at [32] Tran v R [2018] NSWCCA 220 Category: Sentence Parties: Rex Dragomir Freise Representation: Counsel: Mr Lloyd KC (Defence)

Solicitors: Ms Moore (ODPP) Mr Hardin / Ms Niagos (Defence) File Number(s): 2021/46048 Publication restriction: N /A

Judgment

Offences 1. Dragomir Friese has pleaded guilty to two counts of knowingly take part in the cultivation of prohibited plants namely cannabis by enhanced indoor means in breach of section 23(2) of the Drugs Misuse and Trafficking Act (DMT Act). Sequence 14 relates to 56 plants. Sequence 15 relates to 67 plants. The maximum penalties applicable to both offences is imprisonment for 15 years and/or a fine of 3500 penalty units. 2. In addition, the offender has admitted his guilt in relation to sequences 10, 11 (Count 3) and 13 (Count 4) being: 1. deal with suspected proceeds of crime being $6,943.00 cash in breach of section 193C(2) of the Crimes Act. The maximum penalty is 3 years imprisonment; 2. knowingly take part in the cultivation of prohibited plants by enhanced indoor means comprising 47 cannabis plants which is less than the commercial quantity of 50 plants in breach of section 23(1)(a) of the DMT Act. That carries a maximum penalty of 10 years imprisonment and/or a fine of 2000 penalty units; 3. cultivate prohibited plant by enhanced indoor means comprising 15 cannabis plants in breach of section 23(1)(a) of the DMT Act. That carries a maximum penalty of 10 years imprisonment and or a fine of 2000 penalty units. 1. All three charges attached to sequence 15.