R v Quan [2006] NSWCCA 382

New South Wales Court of Criminal Appeal

CITATION: R v Quan [2006] NSWCCA 382

JUDGMENT DATE: 27 November 2006

JUDGMENT OF: Sully J at 9; Hidden J at 1; Latham J at 12

EX TEMPORE JUDGMENT DATE: 11/27/2006

DECISION: Leave to appeal granted, appeal allowed, sentence in District Court quashed. Applicant sentenced to imprisonment for two years and two months, to date from 12 August 2005, with a non-parole period expiring on 27 November 2006. Court directs the applicant's release not later than 4pm that day.

CATCHWORDS: CRIMINAL LAW: Application for leave to appeal against sentence - cultivating commercial quantity of cannibas - whether sentence manifestly excessive.

CASES CITED: R v Godden [2005] NSWCCA 160 Lowe v The Queen (1984) 154 CLR 606

PARTIES: Sau Khoan Quan (applicant) Regina (Repsondent)

FILE NUMBER(S): CCA 2006 /1932

COUNSEL: (Applicant) - A Bellanto QC (Crown) - P Miller

SOLICITORS: (Applicant) - T Pham, AKN and Associates (Crown) - S Kavanagh, Solicitor for Public Prosecutions

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): DCZ1551

LOWER COURT JUDICIAL OFFICER: Ainslie-Wallace DCJ

LOWER COURT DATE OF DECISION: 26 May 2006

IN THE COURT OF CRIMINAL APPEAL 2006 / 1932

SULLY J HIDDEN J LATHAM J

27 NOVEMBER 2006 Sau Khoan QUAN v Regina

JUDGMENT

1 HIDDEN J: The applicant, Sau Khoan Quan, pleaded guilty in the District Court to a charge of cultivating a commercial quantity of a prohibited plant, being cannabis. He also asked that three further offences be taken into account on a Form 1. He was sentenced to imprisonment for three years and two months, comprising a non-parole period of two years and a balance of term of one year and two months, to date from 12 August 2005. Although he was dealt with in May 2006, the sentence was backdated to allow for a period during which he had been held in custody prior to being released on bail. He seeks leave to appeal against that sentence. 2 The facts were succinctly summarised in the remarks on sentence of the learned sentencing judge as follows: On 22 February 2005 police executed a search warrant at the offender's premises. A hydroponic system had been installed in three bedrooms in the house and in the garage to the property. Police found 284 plants in various stages of maturity. The system allowed for electric light, heat and ventilation in each room in which the plants were being grown.