Hedgecock v R 29 September 2007

The applicant was sentenced in the Darwin Supreme Court to a fully suspended sentence of nine months imprisonment with an operational period of two years from the date of sentence following his plea of guilty to one count of unlawfully cultivating cannabis with the circumstance of aggravation that the number of plants was a
commercial quantity (22 plants). The maximum penalty was 25 years imprisonment.

The applicant sought leave to appeal against sentence on the ground that the sentence was manifestly excessive the particulars being that:

1. The plants were immature and not ready for harvest.

2. The number of seedlings (22) only just satisfied the definition of a
“commercial” quantity (not less than 20).

3. The applicant gave evidence that he did not intend to grow the seedlings for a protracted period of time and he intended to cull a number of the seedlings.

4. The applicant did not intend to use the plants for commercial gain.

5. The applicant did not use sophisticated equipment to grow the cannabis. He did not use a hydroponic system. His equipment comprised two grow lights attached to transformers; air conditioners; fertiliser.

6. The applicant cooperated fully with the police during the search, made admissions in his formal record of interview and did not seek to contest the charge.

7. The applicant is fifty-five and has no prior convictions for drug matters.

8. The applicant has a good work history and is respected by his employer, Ian Banks, as evidenced by his character reference.

9. The applicant has very good prospects of rehabilitation.

The application was opposed by the Crown.

The appeal was heard and determined by the court on 18 February 2008. See under Decisions for a further note of the case.