R v Jose Degouveia; R v Joshua Degouveia [2019] NSWDC 161

R v Jose Degouveia; R v Joshua Degouveia [2019] NSWDC 161

The court found that Jose and Joshua Degouveia ran a father and son cannabis supply business for mutual benefit and profit. Jose supplied 82.75 kilograms of cannabis leaf in 17 transactions, sourced cannabis, controlled its flow, held cash and drugs, and was more culpable than he claimed. Joshua instigated the plan and supplied 54 kilograms in 20 transactions, but had strong subjective factors, insight, remorse, low risk of reoffending and special circumstances. The objective seriousness of commercial drug supply for profit, the need for general deterrence, parity with co-offenders, guilty pleas and personal circumstances required immediate imprisonment. Jose's proceeds offence was...

Jurisdiction
Australia
Judgment Date
27 February 2019
Procedural Posture
Criminal Sentencing / Sentence After Guilty Pleas
Outcome
Both offenders were convicted and sentenced to terms of imprisonment; Jose Degouveia also received a concurrent fixed term for dealing with proceeds of crime.
Legal Topics
['supply Commercial Quantity of Cannabis Leaf' 'rolled Up Offences' 'fact Finding on Sentence' 'objective Seriousness' 'parity' 'concurrency' 'general Deterrence' 'early Guilty Plea' 'special Circumstances']
['criminal Law' 'sentencing' 'drug Offences' 'proceeds of Crime'] ['supply Commercial Quantity of Cannabis Leaf' 'rolled Up Offences' 'fact Finding on Sentence' 'objective Seriousness' 'parity' 'concurrency' 'general Deterrence' 'early Guilty Plea' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentence After Guilty Pleas

Legal Issues

  1. 1 ['What role was played by each offender in the cannabis supply enterprise.' 'What profit, if any, was earned by each offender.' 'How to assess the objective seriousness of rolled up commercial supply offences involving cannabis leaf.' "Whether Jose Degouveia's proceeds of crime sentence should be concurrent with the supply sentence." 'How parity, guilty pleas, subjective circumstances and special circumstances affected the sentences.']

Ratio Decidendi

The court found that Jose and Joshua Degouveia ran a father and son cannabis supply business for mutual benefit and profit. Jose supplied 82.75 kilograms of cannabis leaf in 17 transactions, sourced cannabis, controlled its flow, held cash and drugs, and was more culpable than he claimed. Joshua instigated the plan and supplied 54 kilograms in 20 transactions, but had strong subjective factors, insight, remorse, low risk of reoffending and special circumstances. The objective seriousness of commercial drug supply for profit, the need for general deterrence, parity with co-offenders, guilty pleas and personal circumstances required immediate imprisonment. Jose's proceeds offence was...

Court Disposition

Both offenders were convicted and sentenced to terms of imprisonment; Jose Degouveia also received a concurrent fixed term for dealing with proceeds of crime.

Orders

  • ['Joshua Degouveia is convicted and sentenced to imprisonment for 4 years and 1 month with a non-parole period of 2 years and 8 months commencing on 22 March 2018.' 'Joshua Degouveia will be eligible for consideration for parole on 21 November 2020 and the balance of sentence expires on 21 April 2022.' 'Jose...