R v VIJATOVIC [2022] NSWDC 443

District Court New South Wales

Medium Neutral Citation: R v VIJATOVIC [2022] NSWDC 443 Hearing dates: 30 June 2022 Date of orders: 28 September 2022 Decision date: 28 September 2022 Jurisdiction: Criminal Before: Wilson SC DCJ Decision: At [55] Catchwords: CRIMES – Sentence- Single count of enhanced indoor cultivation of cannabis for commercial purposes Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Drugs Misuse and Trafficking Act 1985 Category: Sentence Parties: Rex Rados Vijatovic Representation: Counsel: Mr Brewer (Defence)

Solicitors: Mr Lorkin (Defence) Ms Moore (ODPP) File Number(s): 2021/00205893 Publication restriction: N/A

Judgment

The Charge 1. The offender has pleaded guilty to a single charge of enhanced indoor cultivation of cannabis for commercial purposes in breach of section 23(1A) Drugs Misuse and Trafficking Act 1985. That offence carries a maximum penalty of 15 years imprisonment and/or a fine of 3500 penalty units. 2. The maximum penalty for the offence is a guidepost for sentencing judges reflecting the seriousness with which the community, through Parliament, views the offending. There is no doubt that all drug offences are serious and call for strong deterrence.

Procedural history 1. The offending is said to have occurred over a period of time up to 17 February 2021. The offender was arrested on 19 July 2021 and spent one day in custody prior to being granted bail. 2. On 10 March 2022 he pleaded guilty in the Local Court and was committed for sentence to this court. He is entitled to a discount of 25% reflecting the utility of the plea. 3. There are two co-offenders identified, namely Dragomir Friese and Miroslav Jolic. Questions of parity will be considered later in these remarks.