R v Zanker [2016] NSWSC 1653

Supreme Court New South Wales

Medium Neutral Citation: R v Zanker [2016] NSWSC 1653 Hearing dates: 17, 18 November 2016 Date of orders: 18 November 2016 Decision date: 18 November 2016 Jurisdiction: Common Law - Criminal Before: Fagan J Decision: 1. For the offence of knowing concern in the cultivation of prohibited plants being not less than the large commercial quantity of such plants at Schofield on 27 July 2014 Shaun Steven Zanker is sentenced to imprisonment for a non-parole period of 2 years 6 months to commence on 2 March 2015 and to expire on 1 September 2017 and a balance of term of 1 year 3 months to commence 2 September 2017 and to expire 1 December 2018.

2. The offender is to be released on parole at the expiry of the non-parole period in respect of the offence of cultivation of prohibited plants subject to any remand in custody in respect of any other charge which may be pending against him and/or subject to the unexpired non-parole period of any other sentence which he may then be serving. Catchwords: CRIMINAL LAW – sentence – cultivation of prohibited plants being not less than the large commercial quantity – cannabis – guilty plea – special circumstances Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Cases Cited: Bugmy v The Queen (1990) 169 CLR 525; [1990] HCA 18 R v Cameron [2016] NSWSC 1342 Category: Sentence Parties: Regina Shaun Steven Zanker (Offender) Representation: Counsel: Mr Luigi Lungo (Crown) Mr Iain Todd (Offender)