R v Reddell

[2001] QCA 515

Queensland Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Drug offences
4. › Production of dangerous drugs
5. › Cannabis
6. › Commercial production
7. › Whether sentence of 12 months' imprisonment manifestly excessive
8. › Drugs Misuse Act 1986 (Qld)
1. Criminal Law
2. › Sentencing
3. › Disputed facts on sentence
4. › Standard of proof
5. › Balance of probabilities
6. › Whether sentencing judge may determine criminal responsibility for additional conduct as disputed sentencing fact
7. › Whether Crown should have required jury determination of disputed criminal responsibility
1. Criminal Law
2. › Sentencing
3. › Disputed facts on sentence
4. › Consistency with plea of guilty
5. › Whether finding of responsibility for second crop consistent with plea

Quick Take

A sentence of 12 months' imprisonment is within range for commercial production of cannabis involving 130 to 200 plants. The question whether a sentencing judge may determine criminal responsibility for additional conduct (a second, separate crop) as a disputed sentencing fact, rather than requiring jury determination, was raised but left open.