R v Daniel Lico [2017] NSWDC 133

R v Daniel Lico [2017] NSWDC 133

Given the serious, ongoing and substantial nature of the drug supply offending, and the absence of exceptional circumstances, a full time custodial sentence is required. The existence of strong subjective factors, youth, rehabilitation, remorse and support do not cumulatively amount to exceptional circumstances to avoid full time custody. The offences and related matters were appropriately dealt with by way of an aggregate sentence under s 53A CSPA, with a total term reflective of the objective and subjective seriousness, utilitarian discount, and the principle of totality. Forfeiture and proceeds orders are appropriate given the circumstances.

Jurisdiction
Australia
Judgment Date
01 June 2017
Procedural Posture
Sentence / Sentencing in District Court After Plea of Guilty
Outcome
Full time custodial sentence imposed with aggregate total term of 2 years and 6 months imprisonment.
Legal Topics
['drug Trafficking' 'sentencing' 'aggregate Sentence' 'exceptional Circumstances' 'possession of Prohibited Drugs' 'forfeiture of Proceeds']
['criminal Law'] ['drug Trafficking' 'sentencing' 'aggregate Sentence' 'exceptional Circumstances' 'possession of Prohibited Drugs' 'forfeiture of Proceeds']

Case Brief

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Procedural Posture

Sentence / Sentencing in District Court After Plea of Guilty

Legal Issues

  1. 1 ['Appropriate sentence for substantial drug supply and trafficking offences under Drugs (Misuse and Trafficking) Act 1985' 'Whether exceptional circumstances justified non-custodial or less than full time custodial sentence' 'Application of special circumstances and utilitarian discount to sentencing' 'Appropriateness of aggregate sentence for multiple related drug offences' 'Whether forfeiture and drug proceeds orders should be made']

Ratio Decidendi

Given the serious, ongoing and substantial nature of the drug supply offending, and the absence of exceptional circumstances, a full time custodial sentence is required. The existence of strong subjective factors, youth, rehabilitation, remorse and support do not cumulatively amount to exceptional circumstances to avoid full time custody. The offences and related matters were appropriately dealt with by way of an aggregate sentence under s 53A CSPA, with a total term reflective of the objective and subjective seriousness, utilitarian discount, and the principle of totality. Forfeiture and proceeds orders are appropriate given the circumstances.

Court Disposition

Full time custodial sentence imposed with aggregate total term of 2 years and 6 months imprisonment.

Orders

  • ['Convictions entered on all counts as set out in the orders.' 'Aggregate non-parole period of 1 year and 3 months: 1 June 2017 – 31 August 2018.' 'Balance of term: 1 year and 3 months, 1 September 2018 – 30 November 2019.' 'Total term: 2 years and 6 months imprisonment.' 'Parole eligibility date: 31 August 2018.'...