R v Bertucci [2023] NSWDC 79

R v Bertucci [2023] NSWDC 79

Given the seriousness and planning of the attempted importation and related identity and proceeds offences, and taking into account the subjective case including remorse, prospects of rehabilitation, effect on family, and the utilitarian value of the plea, sentences of imprisonment are required. An aggregate prison term for the Commonwealth offences (attempted import, identity offences) of 7 years with a non-parole period of 4½ years is appropriate, commencing following the state sentence for proceeds of crime (18 months), structured to reflect special circumstances and concurrency as required by law.

Parties
Prosecution: Rex (Crown); Offender: Nathan Bertucci
Jurisdiction
Australia
Judgment Date
03 February 2023
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced to terms of imprisonment
Legal Topics
Drug Offences, Commonwealth Offences, Attempt to Commit an Offence, Import Commercial Quantity of Border Controlled Drug, Deal With Property Proceeds of Crime, Fraud, Deal in Identification Information, Firearms Offences, Possess Prohibited Weapon
Criminal Law Drug Offences Commonwealth Offences Attempt to Commit an Offence Import Commercial Quantity of Border Controlled Drug Deal With Property Proceeds of Crime Fraud Deal in Identification Information +2 more

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Parties

Rex (Crown)

Prosecution

Nathan Bertucci

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 What sentence is appropriate for the offences of attempted importation of a commercial quantity of a border controlled drug, dealing in identification information, and dealing with property suspected of being proceeds of crime?
  2. 2 How should the principles of totality, concurrency, and the structure of sentences for state and Commonwealth offences be applied?
  3. 3 What is the objective and subjective seriousness of each offence and what weight should be given to factors such as remorse, rehabilitation prospects, effect on family, and special circumstances?

Ratio Decidendi

Given the seriousness and planning of the attempted importation and related identity and proceeds offences, and taking into account the subjective case including remorse, prospects of rehabilitation, effect on family, and the utilitarian value of the plea, sentences of imprisonment are required. An aggregate prison term for the Commonwealth offences (attempted import, identity offences) of 7 years with a non-parole period of 4½ years is appropriate, commencing following the state sentence for proceeds of crime (18 months), structured to reflect special circumstances and concurrency as required by law.

Court Disposition

Convicted and sentenced to terms of imprisonment

Orders

  • Offender is convicted of the 3 counts identified as sequences 13 (aiding/abetting attempted import border-controlled drug), 15 (dealing in identification information), and 2 (dealing with property suspected to be proceeds of crime).
  • For sequence 2 (state offence): term of imprisonment 18 months (non-parole period 12 months from 25 November 2020 to 24 November 2021; balance of term to 24 May 2022).