R v Faaoloii [2022] NSWDC 637

R v Faaoloii [2022] NSWDC 637

The two ongoing supply offences warranted full-time imprisonment because the offender participated in a planned dial-a-dealer cocaine supply operation, committed in company, involving 24 supplies over two periods and committed at least partly for financial gain, although the quantities were relatively low and the offending was a little below mid-range for ongoing supply offences. The late guilty pleas attracted only a 10% utilitarian discount. The sequence 1 supply offence was of very low objective seriousness and, given the custody imposed for more serious offences, was dealt with by conviction with no further penalty under s 10A. The Form 1 proceeds offence was part of the overall...

Jurisdiction
Australia
Judgment Date
16 September 2022
Procedural Posture
Criminal Sentence / Sentence After Late Pleas of Guilty
Outcome
The offender was convicted on the three substantive offences. Sequence 1 received no further penalty. Sequences 3 and 5 received an aggregate sentence of 3 years with a non-parole period of 1 year and 10 months and parole thereafter of 1 year and 2 months. The Form 1 offence was taken into account when sentencing...
Legal Topics
['drug Offences' 'ongoing Supply of Prohibited Drug' 'supply of Indictable Quantity of Cocaine' 'dealing With Proceeds of Crime' 'aggregate Sentence' 'form 1 Offence' 'guilty Plea Discount' 'parity' 'special Circumstances']
['criminal Law' 'sentencing'] ['drug Offences' 'ongoing Supply of Prohibited Drug' 'supply of Indictable Quantity of Cocaine' 'dealing With Proceeds of Crime' 'aggregate Sentence' 'form 1 Offence' 'guilty Plea Discount' 'parity' 'special Circumstances']

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Procedural Posture

Criminal Sentence / Sentence After Late Pleas of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for two offences of ongoing supply of cocaine and one offence of supplying an indictable quantity of cocaine.' 'Whether the late guilty pleas warranted a utilitarian discount and, if so, the extent of that discount.' 'How the Form 1 offence of dealing with proceeds of crime should be taken into account when sentencing for sequence 5.' 'How to assess objective seriousness, including the number of supplies, quantities, planning, commission in company and financial gain.' 'Whether parity with the co-offender affected the sentence.' 'Whether special circumstances justified a longer than usual parole period.']

Ratio Decidendi

The two ongoing supply offences warranted full-time imprisonment because the offender participated in a planned dial-a-dealer cocaine supply operation, committed in company, involving 24 supplies over two periods and committed at least partly for financial gain, although the quantities were relatively low and the offending was a little below mid-range for ongoing supply offences. The late guilty pleas attracted only a 10% utilitarian discount. The sequence 1 supply offence was of very low objective seriousness and, given the custody imposed for more serious offences, was dealt with by conviction with no further penalty under s 10A. The Form 1 proceeds offence was part of the overall...

Court Disposition

The offender was convicted on the three substantive offences. Sequence 1 received no further penalty. Sequences 3 and 5 received an aggregate sentence of 3 years with a non-parole period of 1 year and 10 months and parole thereafter of 1 year and 2 months. The Form 1 offence was taken into account when sentencing...

Orders

  • ['For each of the three substantive sentences, he is convicted.' 'Sequence 1: No further penalty pursuant to s 10A of the Crimes (Sentencing Procedure) Act 1999. NB: In custody, bail refused, for more serious offences since 4 December 2020 taken into account.' 'Sequences 3 and 5: An aggregate sentence pursuant to s...