R v STACHIW [2023] NSWDC 463

District Court New South Wales

Medium Neutral Citation: R v STACHIW [2023] NSWDC 463 Hearing dates: 27 October 2023 Date of orders: 1 November 2023 Decision date: 01 November 2023 Jurisdiction: Criminal Before: Priestley SC DCJ Decision: See [40 - 42] Catchwords: CRIME — Drug offences — Possess prohibited drug CRIME — Drug offences — Enhanced indoor cultivate cannabis for commercial purpose CRIME — Drug offences — Supply prohibited drug CRIME — Drug offences — Manufacture prohibited drug Legislation Cited: Drugs Misuse and Trafficking Act 1985 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Rogers (a pseudonym) v The Secretary Department of Family and Community Services NSW [2019] NSWDC 194 Stanley v DPP (NSW) [2023] HCA 3 Muldrock (2011) 244 CLR 120 El Kheir v R [2019] NSWCCA Attorney General's Application under s37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146 per Spigelman CJ. Category: Sentence Parties: Rex (The Crown) Emma Stachiw (The Offender) Representation: Smart counsel for Stachiw Boenisch solicitor for The Director of the Office of Public Prosecutions File Number(s): 2021/200616 Publication restriction: N/A

JUDGMENT

Introduction 1. The offender appears for sentence in respect of one charge under section 24(2) of the Drugs Misuse and Trafficking Act ("DMTA") that she manufactured an amount of a prohibited drug not less than the commercial quantity applicable to the prohibited drug. The drug in question is cannabis oil and the amount in question was an amount that in the agreed facts is referred to as exceeding the large commercial quantity. 2. In addition to that there are six matters to be taken into account by way of the Form 1 procedure. Those matters are set out in the below table which includes reference to the particulars of the matter. The section references are all to the DMTA. F1s Charge and maximum penalty Particulars s10 Possession of 254g cannabis (300g is deemed supply); maximum penalty 2 years imprisonment The drugs were found on the search of the offender's house on 31 March 2021 s10 Possession of 2.6g cannabis seeds; maximum penalty is 2 years imprisonment The seeds were found in the offender's bedroom cupboard on the search of her house on 31 March 2021 23(1) Cultivate by enhanced indoor means; 14 cannabis plants; maximum penalty of 10 years imprisonment Located growing in a tent in a shed at the back of the offender's property on the search on 31 March 2021 25(1) Supply small quantity of cannabis, 182g of cannabis; maximum penalty of 10 years imprisonment Supplied this between December 2019 and 12 November 2020 23(1)(a) Cultivate small quantity; 1 cannabis plant; maximum penalty of 10 years imprisonment 1 plant in a pot outside the house leading to carport; found on search on 31.3.21 25(1) Supply indictable; 55g tetrahydrocannabinol; the maximum penalty is 15 years imprisonment as the drug is not cannabis plant or leaf Found on search; throughout house