R v Arcella [2020] NSWDC 833
Arcella was convicted of supplying cannabis in a commercial quantity for profit, based on intercepted communications and evidence, justifying a custodial sentence as deterrence despite personal and family hardship. The Court determined 31 kilograms supplied through eight transactions and found proceeds of crime based on absence of other income.
- Jurisdiction
- Australia
- Judgment Date
- 12 October 2020
- Procedural Posture
- Criminal / Sentence
- Outcome
- convicted and sentenced
- Legal Topics
- ['supply Prohibited Drug' 'commercial Quantity' 'proceeds of Crime' 'sentencing' 'drug Codes' 'sentencing Factors']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal / Sentence
Legal Issues
- 1 ['whether Gavin Arcella supplied prohibited drug (cannabis) in a commercial quantity' 'quantification of drug supplied' 'dealing with proceeds of crime' 'relevant factors in sentencing']
Ratio Decidendi
Arcella was convicted of supplying cannabis in a commercial quantity for profit, based on intercepted communications and evidence, justifying a custodial sentence as deterrence despite personal and family hardship. The Court determined 31 kilograms supplied through eight transactions and found proceeds of crime based on absence of other income.
Court Disposition
convicted and sentenced
Orders
- ['Conviction for principal indictable offence; sentenced to 3 years imprisonment.' 'Non-parole period of 1 year and 9 months commencing 12 October 2020.' 'Release to parole on 11 July 2022.' 'Balance of term of 1 year and 3 months from 12 July to 11 October 2023.' 'Drug destruction order made if required.' 'Proceeds...
Full Case Text
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