R v David GRAZIANO [2008] NSWDC 384

R v David GRAZIANO [2008] NSWDC 384

Mr Graziano was sentenced on the basis that he possessed the cocaine and ecstasy for supply as a delivery person, not as the dealer, because the court was not satisfied beyond reasonable doubt that he was the dealer. The offences were serious because they involved distribution of dangerous prohibited drugs and were committed while he was on a good behaviour bond, but they were towards the lower end of seriousness and connected with his own cocaine use for pain relief. The two supply offences formed one overall transaction and were ordered to run concurrently. A twenty-five per cent discount was allowed for the earliest guilty plea, the Form 1 matters were taken into account without...

Jurisdiction
Australia
Judgment Date
28 July 2008
Procedural Posture
Criminal Sentencing for Drug Supply Offences / Sentence After Plea of Guilty at the Earliest Opportunity
Outcome
Mr Graziano was sentenced to concurrent terms of imprisonment with non-parole periods, release on parole with supervision and drug rehabilitation conditions, destruction of the drugs, forfeiture of specified property, and withdrawal of backup and related offences.
Legal Topics
['supply of Cocaine' 'supply of Ecstasy' 'form 1 Offences' 'guilty Plea Discount' 'conditional Liberty' 'non Parole Period' 'parole Conditions' 'forfeiture' 'drug Destruction Order']
['criminal Law' 'sentencing' 'drug Offences' 'confiscation of Proceeds of Crime'] ['supply of Cocaine' 'supply of Ecstasy' 'form 1 Offences' 'guilty Plea Discount' 'conditional Liberty' 'non Parole Period' 'parole Conditions' 'forfeiture' 'drug Destruction Order']

Case Brief

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Procedural Posture

Criminal Sentencing for Drug Supply Offences / Sentence After Plea of Guilty at the Earliest Opportunity

Legal Issues

  1. 1 ['Whether Mr Graziano was a dealer in the drugs or merely a courier for another supplier.' 'How to sentence Mr Graziano for supplying 6.8 grams of cocaine and five and a half grams of ecstasy after a plea of guilty at the earliest opportunity.' 'Whether the Form 1 matters should increase the sentence for the cocaine supply offence.' 'Whether the sentences should run concurrently because the two drug supply offences formed part of one overall transaction.' 'Whether special circumstances justified varying the ratio between the non-parole period and the overall sentence.' 'What forfeiture and destruction orders should be made.']

Ratio Decidendi

Mr Graziano was sentenced on the basis that he possessed the cocaine and ecstasy for supply as a delivery person, not as the dealer, because the court was not satisfied beyond reasonable doubt that he was the dealer. The offences were serious because they involved distribution of dangerous prohibited drugs and were committed while he was on a good behaviour bond, but they were towards the lower end of seriousness and connected with his own cocaine use for pain relief. The two supply offences formed one overall transaction and were ordered to run concurrently. A twenty-five per cent discount was allowed for the earliest guilty plea, the Form 1 matters were taken into account without...

Court Disposition

Mr Graziano was sentenced to concurrent terms of imprisonment with non-parole periods, release on parole with supervision and drug rehabilitation conditions, destruction of the drugs, forfeiture of specified property, and withdrawal of backup and related offences.

Orders

  • ['For supplying cocaine, Mr Graziano was sentenced to two and a half years imprisonment commencing on 16 February 2008 and expiring on 15 August 2010, with a non-parole period of eighteen months commencing on 16 February 2008 and expiring on 15 August 2009, taking into account the Form 1 matters.' 'For supplying...