R v Paul Anthony Rovere [2020] NSWDC 560

R v Paul Anthony Rovere [2020] NSWDC 560

An aggregate full-time custodial sentence of 4 years and 8 months with a non-parole period of 2 years was appropriate because the drug supply offences were below the middle range of objective seriousness but serious, the proceeds and cultivation offences added criminality, counts 1 to 3 were part of an extended course of related conduct requiring marked concurrency, parity with Mr Carriage required close comparison but the offender had adverse differences including a greater cocaine quantity and lower guilty plea discounts, and special circumstances including first custody, rehabilitation needs, and the burdens of custody justified a reduced non-parole period.

Jurisdiction
Australia
Judgment Date
25 September 2020
Procedural Posture
Criminal Sentence / Sentence Following Guilty Pleas
Outcome
The accused was convicted and sentenced to an aggregate term of imprisonment of 4 years and 8 months, with a non-parole period of 2 years commencing on 19 April 2019 and expiring on 18 April 2021, and a balance of term of 2 years 8 months expiring on 18 December 2023.
Legal Topics
['supply Prohibited Drug Greater Than Commercial Quantity' 'cultivate Prohibited Plant' 'knowingly Deal With Proceeds of Crime' 'form 1 Procedure' 'standard Non Parole Period' 'totality' 'parity' 'special Circumstances']
['criminal Law' 'sentencing'] ['supply Prohibited Drug Greater Than Commercial Quantity' 'cultivate Prohibited Plant' 'knowingly Deal With Proceeds of Crime' 'form 1 Procedure' 'standard Non Parole Period' 'totality' 'parity' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence Following Guilty Pleas

Legal Issues

  1. 1 ['What sentence should be imposed for two offences of supplying a prohibited drug greater than the commercial quantity, one offence of knowingly dealing with proceeds of crime, and one offence of cultivating a prohibited plant.' 'How the Form 1 matter of knowingly dealing with proceeds of crime in the amount of $3180 should be taken into account on count 2.' "The objective seriousness of each offence, including the offender's role, quantities of drugs, amount of proceeds, and relationship to co-offenders." "Whether the offender's criminal history was an aggravating feature under s21A." 'Whether special circumstances justified a non-parole period lower than the statutory ratio.' 'How totality and parity, particularly by comparison with Mr Carriage, affected the aggregate sentence.']

Ratio Decidendi

An aggregate full-time custodial sentence of 4 years and 8 months with a non-parole period of 2 years was appropriate because the drug supply offences were below the middle range of objective seriousness but serious, the proceeds and cultivation offences added criminality, counts 1 to 3 were part of an extended course of related conduct requiring marked concurrency, parity with Mr Carriage required close comparison but the offender had adverse differences including a greater cocaine quantity and lower guilty plea discounts, and special circumstances including first custody, rehabilitation needs, and the burdens of custody justified a reduced non-parole period.

Court Disposition

The accused was convicted and sentenced to an aggregate term of imprisonment of 4 years and 8 months, with a non-parole period of 2 years commencing on 19 April 2019 and expiring on 18 April 2021, and a balance of term of 2 years 8 months expiring on 18 December 2023.

Orders

  • ['Paul Anthony Rovere, for the 2 offences under s25(2) of the Drugs Misuse & Trafficking Act, the offence under s23 of that Act, and the offence under s193B of the Crimes Act, is convicted.' 'The Court noted the indicative sentences, the guilty plea discounts of 25% for count 2 and 10% for counts 1, 3 and 4, and...