R v Raccosta [2020] NSWDC 702

R v Raccosta [2020] NSWDC 702

The offender's offences involved ongoing supply of MDMA and possession of 59.39 grams of MDMA for supply as part of an organised but relatively simple street-level drug business conducted for profit. The offences were below the mid-range of objective seriousness but serious, and the Form 1 matters were taken into account. Likely deportation was irrelevant to sentence, but special circumstances were established by the hardship of custody for a foreign national serving his first custodial sentence, English not being his first language, absence of family contact, and rehabilitation prospects. After a 25% discount for guilty pleas and applying totality, an aggregate sentence of 3 years...

Jurisdiction
Australia
Judgment Date
25 March 2020
Procedural Posture
Criminal Sentencing / Sentence Following Pleas of Guilty
Outcome
Convicted and sentenced to an aggregate term of imprisonment of 3 years with a 2 year non-parole period.
Legal Topics
['ongoing Supply of Prohibited Drug' 'supply Prohibited Drug' 'deemed Supply' 'mdma' 'form 1 Offences' 'special Circumstances' 'deportation' 'forfeiture']
['criminal Law' 'sentencing' 'drug Offences'] ['ongoing Supply of Prohibited Drug' 'supply Prohibited Drug' 'deemed Supply' 'mdma' 'form 1 Offences' 'special Circumstances' 'deportation' 'forfeiture']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentence Following Pleas of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for ongoing supply of MDMA contrary to s 25A(1) of the Drug Misuse and Trafficking Act 1985 and deemed supply of MDMA contrary to s 25(1).' 'How the Form 1 offences of dealing with proceeds of crime and possession of cocaine should be taken into account.' 'Assessment of objective seriousness, including quantity, purity, role, sophistication and financial motive.' 'Whether special circumstances justified variation of the statutory ratio for the non-parole period.' "Whether the offender's likely deportation should affect sentence."]

Ratio Decidendi

The offender's offences involved ongoing supply of MDMA and possession of 59.39 grams of MDMA for supply as part of an organised but relatively simple street-level drug business conducted for profit. The offences were below the mid-range of objective seriousness but serious, and the Form 1 matters were taken into account. Likely deportation was irrelevant to sentence, but special circumstances were established by the hardship of custody for a foreign national serving his first custodial sentence, English not being his first language, absence of family contact, and rehabilitation prospects. After a 25% discount for guilty pleas and applying totality, an aggregate sentence of 3 years...

Court Disposition

Convicted and sentenced to an aggregate term of imprisonment of 3 years with a 2 year non-parole period.

Orders

  • ['Indicative sentence for ongoing supply, taking into account the Form 1 matters: 2 years imprisonment.' 'Indicative sentence for deemed supply of MDMA in possession: 2 years imprisonment.' 'Aggregate sentence: 3 years imprisonment.' 'Non-parole period: 2 years, commencing on 31 May 2019 and expiring on 30 May...