REGINA v NGUYEN REGINA v CANNISTRA [2006] NSWCCA 389

New South Wales Court of Criminal Appeal

CITATION: REGINA v NGUYEN REGINA v CANNISTRA [2006] NSWCCA 389

HEARING DATE(S): 16 November 2006

JUDGMENT DATE: 4 December 2006

JUDGMENT OF: McClellan CJ at CL at 1; Hidden J at 63; Hislop J at 64

DECISION: 2006/2050 - CANNISTRA; 1. Crown appeal upheld; 2. Quash the sentence imposed in lieu thereof impose the following sentence: (i) a non-parole period of five years and ten months to commence on 29 January 2004 and to expire on 28 November 2009 with a balance of term of three years and two months to expire 28 January 2013 2006/2044: NGUYEN 1. Appeal is dismissed.

CATCHWORDS: CRIMINAL LAW - CROWN APPEAL - CULTIVATE PROHIBITED DRUG - large commercial quantity - cannabis - manifestly inadequate - relevance of sentences imposed on co-offenders - role in the cultivation - degree of control - expectation of profit - mind of the enterprise - role in recruitment - assistance to authorities - offences on Form 1 - whether starting point of sentences refected objective criminality

LEGISLATION CITED: Drug Misuse and Trafficking Act 1985 (NSW)

Attorney-General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 137 A Crim R 180 R v Baker [2000] NSWCCA 85 CASES CITED: R v Barbara (unreported, NSWCCA, 24 February 1997) R v Le (Lieu Thi) [1999] NSWCCA 146 R v MacDonnell (2002) NSWCCA 34 R v MD, BM, NA, JT [2005] NSWCCA 342

The Crown (Appl) PARTIES: Thi Ha Nguyen (Resp) Vincenzo Cannistra (Resp)

FILE NUMBER(S): CCA 2006/2044; 2006/2050

J Dwyer (Crown/Appl) COUNSEL: J Stratton SC (Resp - Nguyen) D T Spears (Resp - Cannistra)