An offender convicted of cultivating a commercial quantity of cannabis cannot be characterised as a 'principal' offender within the Nguyen framework merely because they were prosecuted as a principal (rather than as a secondary offender) or because they played an active role in cultivation. Evidence of a proprietary interest, financial investment, or role equivalent to a partner is required before the 'mid-range' sentencing guidance in Nguyen applies. Where the evidence only establishes regular attendance to cultivate, without more, the offender's role falls below the 'mid-range' category and the Nguyen incremental increase does not apply.
The full text is available to signed-in members, including the 17 later cases that cite this judgment.
2 of the 17 citing cases carry a classified treatment. How each court treated it is available to signed-in members.