(3) The sentence was manifestly excessive.
6 The facts of the offence were set out by the sentencing judge in his remarks on sentence as follows:
"On 15 March 2007 at approximately 10.15 am police arrived at the residential premises at [Bradbury] in order to execute a lawfully obtained search warrant. At that time the offender owned the premises. Police knocked on the front door of the residence on three occasions and after receiving no answer forced entry into the premises. There was no person or persons at home at the time. The police then conducted a physical search of the premises. The residence is described as being a two storey brick home with four large bedrooms, a small bathroom, lounge room and large kitchen dining room. A large garage and further two rooms are located on the ground floor. Off one of the rooms on the ground floor police noticed excavations had been made into the foundations of the house to create another area or room that could be accessed by a person bent at the waist. A small room was also located off this excavated area.
The police commenced the search of the kitchen and dining room. In the freezer police located the following large plastic bag containing 168 grams of cannabis, approximately 450 seed starters were located in a cardboard box in the pantry. Also in the pantry police located seventy cannabis seedlings, which were approximately six inches high growing in a plastic container under a fluorescent light. Police also observed a length of industrial ducting connecting the lower ground level with a ceiling behind some home made timber panels in the corner of the dining room.
Police searched bedroom one and observed a double bed that appeared to be recently occupied and numerous items of male clothing and containing various personal items of the offender.
In bedroom two police located twenty-eight cannabis plants, which were approximately 1.2 metres high in black pots with soil. Eight lampshades with large wattage globes attached were suspended above the cannabis plants and the light globes were on. Police observed that there were electrical leads running from the lampshades to beneath the floor of the excavation room connected to eight transformer boxes. There were also two electric fans placed in opposite corners of the room. White plastic sheeting had been placed over the bedroom window and nailed down. White plastic sheeting had also been placed on the floor beneath the plants. Police observed that all twenty-eight cannabis plants were healthy and appeared to be well cared for, recent water being applied to each pot.
Police observed that bedroom three was empty, although it had a built in wardrobe against one wall. Police noted that the floor of the built in wardrobe had been converted to a trap door and that a stepladder through the trap door allowed access to lower rooms beneath the house. Police also observed black industrial ducting from the floor to the filters in the roof.
During the search of bedroom four, police located thirty cannabis plants, which were approximately 1.2 metres high in black pots with soil. Eight lampshades with large wattage globes attached were suspended above the cannabis plants and the light globes were on. Police observed that there were electrical leads running from the lamp shades to a built in wardrobe in the corner of the room that was connected to eight transformer boxes. There are also two electric fans placed in opposite corners of the room. White plastic sheeting had been placed over the bedroom window and nailed down. White plastic sheeting had also been placed on the floor beneath the plants. Police observed that all thirty cannabis plants were healthy and appeared to be well cared for, recent water being applied to each pot.
The toilet had been converted into a storage room and located amongst other items were one large black hundred litre container with water that contained an electric water pump and hand held water sprinkler with hose attached. Police also located two large four litre containers of fertiliser in the makeshift storage room.
Police then commenced the search of the rooms on the ground floor. During the search of room one police located seventy-seven cannabis plants, which were approximately 600 millimetres high in black pots with soil. Sixteen lampshades with large wattage globes attached were suspended above the cannabis plants and the light globes were on. Police observed that there were electrical leads running from the lamp shade to the excavated room where they were connected to sixteen transformer boxes and also two electric fans placed in opposite corners of the room. White plastic sheeting had also been placed on the floor beneath the plants. Police observed that all seventy-seven cannabis plants were healthy and appeared to be well cared for and recent watering had taken place. Police also located a hundred litre water container, electric water pump and hand held hoses.
Police then commenced searching the small enclave off room 1 on the lower ground floor and have located thirty times five kilograms of CO brand potting soil, electrical wiring, three litre containers of fertilisers, bottles of chemicals, including Super Grow, along with a tool box and several other electrical items such as light globes, electrical leads, water pumps and electrical timers.
During the search of room two police located seventy-six cannabis plants approximately twelve inches tall in small black pots with soil. Three lampshades with large wattage globes attached were suspended above the cannabis plants and the light globes were on. Police observed that there were electrical leads running from the lampshades of that excavated room that connected to the three transformer boxes. Police observed that the walls and ceiling of this room had been lined with silver paper to reflect the heat and light from the lampshades. Police commenced searching the excavated area and located the eight transformer boxes connected to leads in bedroom two, the two transformer boxes connected to the lamp shades in lower ground floor room two and the two banks of fourteen power points connected to transformers. Also observed was a stepladder beneath the trap door in the roof leading to bedroom three.
Police then searched the roof of the premises and located two large industrial sized charcoal filters in the roof connected to industrial air ducting leading it through the first floor to the lower ground floor via the dining room. Police also located three photographs depicting the offender in the roof cavity.
During the course of the search warrant employees of Integral Energy Australia attended the premises and inspected the electrical wiring. They observed that the electricity had been redirected from the main. They saw power used upstairs in the house was going through the normal meter, however all other power used the hydroponic lights and the ground floor was redirected and coming through the underground service mains. In effect the premises were not metered or paying for their full electricity usage as a result of the bypass.
At approximately 9.45 am on 23 March 2007 the offender attended Campbelltown Police Station with his solicitor and was placed under arrest. He declined to be interviewed in relation to the matter. He did consent to samples of his DNA being obtained.
On 23 July 2007 Detective Leading Constable Watson received the fingerprint of palm impressions that had been previously lifted by crime scene [officers] from electronic transformers and the lampshades. The offender's fingerprints were identified on the electric transformers and several lampshades.
The cannabis plants located at this cultivation had been grown using an enhanced indoor means, which aims to produce a number of harvests in a given year. Police estimate that based on the number of plants located in the cultivation, approximately ten to twenty pounds of cannabis head per harvest would be produced. There are 443 grams per pound of cannabis head and each pound of cannabis could be sold for approximately $3,000 to $3,300."
7 His Honour, in assessing objective criminality, described the operation as a sophisticated set-up to grow a number of cannabis plants. All the plants were healthy and well looked after. A great deal of time and money had been spent setting up the operation. The potential value of the harvest on the open market was considerable. The whole operation was for profit only, the offender not being an addict. His Honour stressed this was a serious objective offence involving an operation which was well organised and planned. His Honour stated that it was very important to send a message that such activities would be met with condign punishment.
8 As to subjective features, his Honour noted: