R v Trimarchi [2018] NSWDC 479

R v Trimarchi [2018] NSWDC 479

In light of the seriousness and quantity of the drugs, the distribution of drugs within the premises, the objective circumstances of the offences, and the offender's plea and subjective circumstances, an aggregate sentence of three years with a two-year non-parole period was appropriate, with special circumstances found to allow a longer supervised parole period to assist with rehabilitation and reintegration.

Parties
Prosecution: Regina; Defendant: Stefano Trimarchi
Jurisdiction
Australia
Judgment Date
03 August 2018
Procedural Posture
Criminal / Sentence
Outcome
Convicted
Legal Topics
Sentencing, Supply Prohibited Drug, Possess Prohibited Drug, Possess Unauthorised Pistol, Aggregate Sentence, Form 1 Matters
Criminal Law Sentencing Supply Prohibited Drug Possess Prohibited Drug Possess Unauthorised Pistol Aggregate Sentence Form 1 Matters

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Parties

Regina

Prosecution

Stefano Trimarchi

Defendant

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 What is the appropriate sentence for multiple offences of supplying and possessing prohibited drugs and possessing an unauthorised pistol?
  2. 2 How should Form 1 matters be taken into account in aggregate sentencing?
  3. 3 Should special circumstances be found for the purposes of an extended parole period?

Ratio Decidendi

In light of the seriousness and quantity of the drugs, the distribution of drugs within the premises, the objective circumstances of the offences, and the offender's plea and subjective circumstances, an aggregate sentence of three years with a two-year non-parole period was appropriate, with special circumstances found to allow a longer supervised parole period to assist with rehabilitation and reintegration.

Court Disposition

Convicted

Orders

  • Special circumstances found: first time in custody, need for extended parole period to assist rehabilitation and reintegration.
  • Indicative sentences: SEQ 1 - 6 months; SEQ 2 - 18 months; SEQ 6 + Form 1 - 2 years 6 months; SEQ 7 - 2 years; SEQ 8 + Form 1 (SEQ 9) - 3 months.