R v Strbac [2015] NSWDC 268

District Court New South Wales

Medium Neutral Citation: R v Strbac [2015] NSWDC 268 Hearing dates: 24 July 2015; 31 July 2015; 7 August 2015 Decision date: 07 August 2015 Jurisdiction: Criminal Before: Cogswell SC DCJ Decision: Offender referred for assessment as to his suitability for intensive correction in the community under s 69(1) of the Crimes (Sentencing Procedure) Act 1999. Catchwords: CRIMINAL LAW – Sentence – particular offence – cultivate commercial quantity of a prohibited plant – sophisticated cannabis plantation – cash crop – significant quantity but less serious than other examples of same offence – circumstances of offender – traumatic upbringing – depression following injury – causal connection between addiction and offending – good prospects of rehabilitation – remorse expressed – no prior convictions – plea of guilty at earliest available opportunity – 25% discount – no sentence other than imprisonment appropriate – whether sentence should be two years or less – referral for assessment for intensive correction order – Form 1 for offence of using electricity without authority taken into account Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), s 69(1) Drug Misuse and Trafficking Act 1985 (NSW), s 23(2)(a) Electricity Supply Act 1995 (NSW), s 64 Cases Cited: R v Godden [2005] NSWCCA 160 R v Heffernan [2014] NSWDC 302 R v Nguyen [2007] NSWCCA 94 Category: Sentence Parties: Regina (Crown) Stevan Strbac (Offender) Representation: Counsel: L C Hutchinson (Offender)