The characterisation of an offender as a 'principal cultivator' in a cannabis cultivation syndicate does not, without more, justify a sentence at the top of the range; the sentencing court must look beyond the label to the substance of the offender's role and position within the syndicate hierarchy. A sentence of 6 years and 6 months for a principal cultivator who was subservient to others in the syndicate, had no proven involvement in establishing the operation, and had undefined equity was manifestly excessive; 5 years was the appropriate sentence. The comprehensive table of post-Nguyen sentences annexed to the judgment provides a useful guide to current sentencing practices for this offence.
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4 of the 41 citing cases carry a classified treatment. How each court treated it is available to signed-in members.