R v Losco [2019] NSWDC 837

R v Losco [2019] NSWDC 837

Losco's objective criminality was serious because he was the principal in a drug supply operation, bought methylamphetamine in bulk, supplied users directly, used Ryan to assist, possessed MDMA for retail distribution, planned supply of Buprenorphine into a correctional centre, offended shortly after release and in breach of parole, and had an extensive record. Balancing that seriousness with the early guilty plea, subjective circumstances, rehabilitation prospects, and special circumstances warranted an aggregate custodial sentence of eight years and three months with a non-parole period of five years and five months.

Jurisdiction
Australia
Judgment Date
13 December 2019
Procedural Posture
Criminal Sentencing / Sentence After Guilty Pleas
Outcome
Aggregate sentence of eight years and three months imposed, with a non-parole period of five years and five months and a finding of special circumstances.
Legal Topics
['supply of Prohibited Drugs' 'large Commercial Quantity of Methylamphetamine' 'form 1 Matters' 'standard Non Parole Period' 'early Guilty Plea' 'special Circumstances' 'breach of Parole']
['criminal Law' 'sentencing' 'drug Offences'] ['supply of Prohibited Drugs' 'large Commercial Quantity of Methylamphetamine' 'form 1 Matters' 'standard Non Parole Period' 'early Guilty Plea' 'special Circumstances' 'breach of Parole']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentence After Guilty Pleas

Legal Issues

  1. 1 ["What aggregate sentence should be imposed for the offender's drug supply offences and related matters." 'How to assess the objective seriousness of a large commercial quantity methylamphetamine supply where the offender was a principal directly supplying individual users.' 'How to take Form 1 matters, prior criminal record, breach of parole, early guilty plea, rehabilitation prospects and special circumstances into account.']

Ratio Decidendi

Losco's objective criminality was serious because he was the principal in a drug supply operation, bought methylamphetamine in bulk, supplied users directly, used Ryan to assist, possessed MDMA for retail distribution, planned supply of Buprenorphine into a correctional centre, offended shortly after release and in breach of parole, and had an extensive record. Balancing that seriousness with the early guilty plea, subjective circumstances, rehabilitation prospects, and special circumstances warranted an aggregate custodial sentence of eight years and three months with a non-parole period of five years and five months.

Court Disposition

Aggregate sentence of eight years and three months imposed, with a non-parole period of five years and five months and a finding of special circumstances.

Orders

  • ['For the large commercial supply, indicated sentence of six years and nine months with a non-parole period of four years.' 'For the supply of MDMA, indicated sentence of three years.' 'For the supply of Buprenorphine, indicated sentence of one year and ten months.' 'For possess cannabis on the s 166 matters,...