R v Heffernan [2014] NSWDC 302

District Court New South Wales

Medium Neutral Citation: R v Heffernan [2014] NSWDC 302 Decision date: 07 November 2014 Jurisdiction: Criminal Before: Cogswell SC DCJ Decision: For the offences of cultivating a prohibited plant and supplying a prohibited drug, an aggregate sentence of imprisonment of 2 years and 8 months with a non-parole period of 1 year and 4 months. Catchwords: CRIMINAL LAW - particular offences - drug offences - cultivating a prohibited plant - supplying a prohibited drug - cultivated cannabis to assist family financially - greater than commercial quantity - sentence -relevant factors - no prior criminality - man of exemplary character - financial hardship of family - clear expression of remorse and contrition - gravity of offences - objectively serious offences - sophisticated commercial enterprise – whether "trafficking" - plea of guilty at earliest opportunity - 25% discount - special circumstances for adjusting ratio between head sentence and non-parole period - 50% - very good prospects of rehabilitation - obvious contrition - age - first time in custody

EVIDENCE - offender's research on cannabis use tendered Legislation Cited: Crimes (Sentencing Procedure) Act 1999, ss 5, 21A(2), 50 Drug Misuse and Trafficking Act 1985 (NSW), ss 23(1)(a), s25(2), 39P Cases Cited: Livas v R [2006] NSWCCA 54 Category: Sentence Parties: Regina (Crown) Steven Wayne Heffernan (offender) Representation: Counsel: P Harper (offender)

Solicitors: Office of the Director of Public Prosecutions (Crown) File Number(s): 2014/00109850