R v Amoroso [2021] NSWDC 393

R v Amoroso [2021] NSWDC 393

Only a full-time custodial sentence is appropriate due to the objective seriousness and persistence of the drug supply offences, commission while on conditional liberty, past criminal history, and ongoing risk, with careful consideration given to COVID-19 impacts, prospects for rehabilitation, early guilty plea, and the need for deterrence.

Parties
Offender: Jason Amoroso; Prosecutor: Director of Public Prosecutions
Jurisdiction
Australia
Judgment Date
12 August 2021
Procedural Posture
Criminal / Sentence
Outcome
Aggregate sentence of imprisonment imposed
Legal Topics
Drug Offences, Sentencing, Ongoing Supply of Prohibited Drugs, Commercial Quantity Supply, COVID 19 Impact on Sentencing
Criminal Law Drug Offences Sentencing Ongoing Supply of Prohibited Drugs Commercial Quantity Supply COVID 19 Impact on Sentencing

Case Brief

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Parties

Jason Amoroso

Offender

Director of Public Prosecutions

Prosecutor

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 appropriate sentence for ongoing supply of methylamphetamine and GBL
  2. 2 relevance of drug addiction and COVID-19 circumstances to sentencing
  3. 3 application of legislative provisions to aggregate sentencing

Ratio Decidendi

Only a full-time custodial sentence is appropriate due to the objective seriousness and persistence of the drug supply offences, commission while on conditional liberty, past criminal history, and ongoing risk, with careful consideration given to COVID-19 impacts, prospects for rehabilitation, early guilty plea, and the need for deterrence.

Court Disposition

Aggregate sentence of imprisonment imposed

Orders

  • Total aggregate sentence of 3 years 3 months imprisonment imposed.
  • Non-parole period of 2 years ordered, commencing 6 November 2020 and expiring 5 November 2022.