R v Cao [2019] NSWDC 350

District Court New South Wales

Medium Neutral Citation: R v Cao [2019] NSWDC 350 Hearing dates: 09 July 2019 Date of orders: 09 July 2019 Decision date: 09 July 2019 Jurisdiction: Criminal Before: Bennett SC DCJ Decision: Aggregate sentence of imprisonment of 4 years with a non-parole period of 2 years 6 months Catchwords: CRIME — Drug offences — Cultivate prohibited plant SENTENCING — Penalties — Imprisonment SENTENCING — Relevant factors on sentence — Co-offenders SENTENCING — Relevant factors on sentence — Multiple offences — Aggregate sentences SENTENCING — Relevant factors on sentence — Parole period Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986 Drug Misuse and Trafficking Act 1985 Cases Cited: Qutami [2001] NSWCCA 353 Category: Sentence Parties: Regina (Crown) Manh Linh Cao (Offender) Representation: Matthew Dickinson (Crown) Yashvi Shah (Offender)

Director of Public Prosecutions (NSW) (Crown) Ly Lawyers (Offender) File Number(s): 2018/00129305 & 2018/00219943

EX TEMPORE JUDGEMENT (REVISED)

Introduction 1. Manh Linh Cao pleaded guilty in the Local Court to two offences. These are, first, an offence of cultivating a prohibited plant, not less than the commercial quantity, in premises in Carlingford, between 8 June 2016 and 13 September 2016. The number of plants involved was 231. The second offence is cultivating a prohibited plant not less than the commercial quantity. On this occasion the number of plants was 82. The misconduct was between 26 June 2017 and 27 July 2017 in different premises also at Carlingford. 2. Schedule 1 in the Drug Misuse and Trafficking Act 1985 provides for cannabis plants cultivated by enhanced indoor means the commercial quantity specified is 50 plants. The large commercial quantity specified is 200 plants. Although in respect of the first event the offender was in fact cultivating the large commercial quantity, upon the concession made by the Crown that it could not prove to the requisite standard knowledge of the 231 plants, he has been charged with the lesser offence.