R v Arcella [2020] NSWDC 833

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

  1. 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...