R v Consigli [2023] NSWDC 355

R v Consigli [2023] NSWDC 355

Given the seriousness of the drug supply and proceeds of crime offences, even after taking into account the offender’s mental health, background, and rehabilitation, community safety and specific deterrence require a full-time custodial sentence rather than an Intensive Correction Order. Special circumstances moderately mitigate the parole period.

Parties
Offender: Natascha Consigli; Prosecution: Director of Public Prosecutions (the Crown)
Jurisdiction
Australia
Judgment Date
12 April 2023
Procedural Posture
Criminal / Sentence
Outcome
Aggregate sentence of imprisonment imposed; sentence to be served by full-time custody, not Intensive Correction Order.
Legal Topics
Drug Supply, Dealing With Proceeds of Crime, Sentencing, Mental Health and Sentencing, Aggregate Sentence, Community Safety, Intensive Correction Order (ico)
Criminal Law Drug Supply Dealing With Proceeds of Crime Sentencing Mental Health and Sentencing Aggregate Sentence Community Safety Intensive Correction Order (ico)

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Parties

Natascha Consigli

Offender

Director of Public Prosecutions (the Crown)

Prosecution

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 What is the appropriate sentence for drug supply and knowingly dealing with proceeds of crime given the offender's role and subjective circumstances?
  2. 2 Should the sentence be served by way of Intensive Correction Order or full-time custody, particularly considering community safety and the offender's rehabilitation prospects?

Ratio Decidendi

Given the seriousness of the drug supply and proceeds of crime offences, even after taking into account the offender’s mental health, background, and rehabilitation, community safety and specific deterrence require a full-time custodial sentence rather than an Intensive Correction Order. Special circumstances moderately mitigate the parole period.

Court Disposition

Aggregate sentence of imprisonment imposed; sentence to be served by full-time custody, not Intensive Correction Order.

Orders

  • Aggregate sentence of 2 years and 6 months imprisonment imposed.
  • Non-parole period of 1 year and 3 months imprisonment.