R v Russo [2013] NSWDC 47

R v Russo [2013] NSWDC 47

The offender's conduct constituted serious corruption in the trotting industry, undermining fairness and trust in the sport. Due to the need for general deterrence, protection of the industry's integrity, the scale and duration of offending, and limited parity with co-offenders, a sentence of fulltime imprisonment with a total non-parole period of 15 months and a head sentence of 30 months is warranted.

Parties
Prosecution: The Crown; Offender: Michael Andrew Russo
Jurisdiction
Australia
Judgment Date
01 March 2013
Procedural Posture
Criminal / Sentencing
Outcome
Sentenced to imprisonment, non-parole period of 15 months, head sentence of 30 months.
Legal Topics
Sentence, Corruptly Giving a Benefit to an Agent, Performance Enhancing Substances, Trotting Industry
Criminal Law Sentence Corruptly Giving a Benefit to an Agent Performance Enhancing Substances Trotting Industry

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Parties

The Crown

Prosecution

Michael Andrew Russo

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for corruptly giving or offering a benefit to a steward in the harness racing industry
  2. 2 Whether fulltime imprisonment or other sentencing alternatives are appropriate
  3. 3 Effect of co-offenders' sentences on parity

Ratio Decidendi

The offender's conduct constituted serious corruption in the trotting industry, undermining fairness and trust in the sport. Due to the need for general deterrence, protection of the industry's integrity, the scale and duration of offending, and limited parity with co-offenders, a sentence of fulltime imprisonment with a total non-parole period of 15 months and a head sentence of 30 months is warranted.

Court Disposition

Sentenced to imprisonment, non-parole period of 15 months, head sentence of 30 months.

Orders

  • For charges 2 to 5, sentenced to imprisonment: non-parole period of 9 months, head sentence of 1 year (from 1 March 2013).
  • For charges 6 to 9, sentenced to imprisonment: non-parole period of 6 months, head sentence of 1 year (from 1 September 2013).