Sentencing statistics for cultivation of prohibited plants by enhanced indoor means under the 2008 amendments are of limited utility given the small number of cases, and the appropriate approach to assessing manifest excess is to assess the salient facts by reference to the maximum sentence and standard non-parole period. A sentence of 3 years and 9 months (NPP 1 year 9 months) for a caretaker/cultivator of 255 cannabis plants over 6 months, with a 25% plea discount and the offence assessed below mid-range seriousness, was within range.
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