R v Tesoriero [2019] NSWDC 617

R v Tesoriero [2019] NSWDC 617

The offences were of mid-range objective seriousness for drugs and low-range for firearms, the only appropriate sentence was a full-time custodial sentence given the nature and extent of offending, special circumstances justified a reduction in the statutory non-parole period due to rehabilitation prospects, lack of prior full-time custody, and family support. Aggregate sentence appropriately reflects the total criminality without being crushing, with a significant non-parole period reduction to promote rehabilitation.

Jurisdiction
Australia
Judgment Date
16 July 2019
Procedural Posture
Criminal / Sentencing
Outcome
Full-time custodial sentence imposed, aggregate sentence of eight years with non-parole period of four years and six months.
Legal Topics
['sentencing' 'drug Offences' 'firearms Offences' 'aggregate Sentencing' 'remorse' 'special Circumstances' 'mental Health in Sentencing']
['criminal Law'] ['sentencing' 'drug Offences' 'firearms Offences' 'aggregate Sentencing' 'remorse' 'special Circumstances' 'mental Health in Sentencing']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['What is the appropriate sentence for multiple drug and firearms offences, having regard to objective and subjective seriousness, principles of totality, parity, and special circumstances?']

Ratio Decidendi

The offences were of mid-range objective seriousness for drugs and low-range for firearms, the only appropriate sentence was a full-time custodial sentence given the nature and extent of offending, special circumstances justified a reduction in the statutory non-parole period due to rehabilitation prospects, lack of prior full-time custody, and family support. Aggregate sentence appropriately reflects the total criminality without being crushing, with a significant non-parole period reduction to promote rehabilitation.

Court Disposition

Full-time custodial sentence imposed, aggregate sentence of eight years with non-parole period of four years and six months.

Orders

  • ['Offender convicted of six core offences: supply more than commercial quantity of prohibited drug (495g methylamphetamine, s25(2)), supply more than indictable quantity (5.13g, 13.98g, 80.08g, 223.8g methylamphetamine, s25(1)), supply prohibited firearm (s51(1A)(a)) and further eight lesser offences per s166...