A facially defective search warrant (wrong date) means the prosecution case cannot be characterised as 'overwhelmingly strong' for the purposes of s 35(4) of the Crimes (Sentencing) Act 2005 (ACT), even where the offender was found at the premises with 156 cannabis plants. The clustering of sentences at the bottom of the range for cannabis cultivation offences in the ACT is likely attributable to the use of 'cleanskins' rather than to insufficient weight being given to the maximum penalty. For mid-range cannabis cultivation offending by an owner-occupier (not a mere caretaker), general deterrence requires full-time imprisonment rather than an intensive correction order or suspended sentence.
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