R v Aquilina [2022] NSWDC 515

R v Aquilina [2022] NSWDC 515

The seriousness of the drug supply and firearm offences, combined with the offender's early guilty pleas, lack of prior convictions, demonstrated remorse, and the harshness of custody during the COVID pandemic, warranted an aggregate sentence of 7 years' imprisonment with a non-parole period of 3 years and 6 months.

Jurisdiction
Australia
Judgment Date
04 November 2022
Procedural Posture
Criminal / Sentencing
Outcome
Aggregate term of imprisonment of 7 years with a non-parole period of 3 years and 6 months.
Legal Topics
['supply Prohibited Drug' 'possess Unauthorised Pistol' 'sentencing']
['criminal Law'] ['supply Prohibited Drug' 'possess Unauthorised Pistol' 'sentencing']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for supply of commercial quantity prohibited drug' 'Appropriate sentence for possession of unauthorised firearms' 'Application of aggregate sentencing and indicative sentences' 'Assessment of remorse and prospects of rehabilitation']

Ratio Decidendi

The seriousness of the drug supply and firearm offences, combined with the offender's early guilty pleas, lack of prior convictions, demonstrated remorse, and the harshness of custody during the COVID pandemic, warranted an aggregate sentence of 7 years' imprisonment with a non-parole period of 3 years and 6 months.

Court Disposition

Aggregate term of imprisonment of 7 years with a non-parole period of 3 years and 6 months.

Orders

  • ['Aggregate term of imprisonment of 7 years commencing 4 March 2021.' 'Non-parole period of 3 years 6 months to expire 3 September 2024.' 'Balance of term: 3 years 6 months from 4 September 2024 to expire 3 March 2028.']