R v Lorenzo Fiordelli [2020] NSWDC 154

R v Lorenzo Fiordelli [2020] NSWDC 154

The offences were serious revenue offences falling around the middle of the range of objective seriousness and warranted imprisonment, but an aggregate sentence comparable to that imposed on co-offender Alfonso could properly be served by way of an Intensive Correction Order. The offender had demonstrated excellent rehabilitation during a lengthy period between interview and sentence, was abstinent from drug use, assessed as a low risk of reoffending, and had established a business employing others. Together with the more onerous custodial conditions and risks associated with COVID-19, those factors distinguished him from co-offenders sentenced before the pandemic and made an ICO more...

Jurisdiction
Australia
Judgment Date
20 April 2020
Procedural Posture
Criminal Sentence / Sentencing After Guilty Pleas
Outcome
Offender convicted of each offence and sentenced to an aggregate term of 20 months imprisonment to be served by way of an Intensive Correction Order.
Legal Topics
['importing Tobacco Products With Intent to Defraud Revenue' 'parity Between Co Offenders' 'intensive Correction Order' 'rehabilitation' 'covid 19 and Custodial Conditions' 'general Deterrence']
['criminal Law' 'sentencing'] ['importing Tobacco Products With Intent to Defraud Revenue' 'parity Between Co Offenders' 'intensive Correction Order' 'rehabilitation' 'covid 19 and Custodial Conditions' 'general Deterrence']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentence / Sentencing After Guilty Pleas

Legal Issues

  1. 1 ['What aggregate sentence should be imposed for six offences of jointly importing tobacco products with intent to defraud revenue, with a further offence taken into account on a s 16BA schedule.' "Whether the offender's sentence should be served by way of full-time imprisonment or by way of an Intensive Correction Order." 'How the parity principle should apply having regard to the sentences imposed on co-offenders Qing Shi and Salvatore Alfonso.' 'Whether delay, demonstrated rehabilitation, and the COVID-19 pandemic justified distinguishing the offender from co-offenders sentenced to full-time imprisonment.']

Ratio Decidendi

The offences were serious revenue offences falling around the middle of the range of objective seriousness and warranted imprisonment, but an aggregate sentence comparable to that imposed on co-offender Alfonso could properly be served by way of an Intensive Correction Order. The offender had demonstrated excellent rehabilitation during a lengthy period between interview and sentence, was abstinent from drug use, assessed as a low risk of reoffending, and had established a business employing others. Together with the more onerous custodial conditions and risks associated with COVID-19, those factors distinguished him from co-offenders sentenced before the pandemic and made an ICO more...

Court Disposition

Offender convicted of each offence and sentenced to an aggregate term of 20 months imprisonment to be served by way of an Intensive Correction Order.

Orders

  • ['The offender is convicted of each offence.' 'Indicative sentence for sequence 1, taking into account sequence 2: 10 months imprisonment.' 'Indicative sentence for sequence 3: 10 months imprisonment.' 'Indicative sentence for sequence 4: 14 months imprisonment.' 'Indicative sentence for sequence 5: 12 months...