DPP (Cth) v Barbaro - [2012] VSC 47

IN THE SUPREME COURT OF VICTORIA

AT MELBOURNE

CRIMINAL DIVISION

No. 0026 of 2011
No. 0027 of 2011

THE DIRECTOR OF PUBLIC PROSECUTIONS FOR THE COMMONWEALTH

PASQUALE BARBARO
SAVERIO ZIRILLI

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JUDGE:	KING J
WHERE HELD:	Melbourne
DATE OF HEARING:	19,20 January 2012
DATE OF SENTENCE:	23 February 2012
CASE MAY BE CITED AS:	DPP v Barbaro & Anor
MEDIUM NEUTRAL CITATION:	[2012] VSC 47

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Catchwords: Plea of Guilty 3 Charges: Conspiracy to traffick commercial quantity of MDMA, 4.4 tonne MDMA, 1.4 tonne pure MDMA - 2,900 times the commercial quantity. Traffick commercial quantity MDMA, 1.2 million tablets - 50 kilos pure MDMA.
Attempt to possess commercial quantity Cocaine - 99.9 kilos pure cocaine.
Commonwealth offences.
Highest level offending, international organized crime, conducted as business, greed professionalism, profit.
Barbaro at the apex of the organization. Zirrilli – right hand man.
Sentence: Barbaro – Life with a minimum of 30 years.
:Zirilli – 26 years with a minimum of 18 years.

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APPEARANCES:	Counsel	Solicitors
For the Crown	Mr B Young	Office of Public Prosecutions Commonwealth
For the Accused Barbaro	Mr P Dunn QC	Gibson, Numan & Stewart
For the Accuses Zirilli	Mr M Croucher	Acquaro & Co

HER HONOUR:

Pasquale Barbaro, you have pleaded guilty to three charges – first that between 13 June 2007 and 3 October 2007 you, together with Saverio Zirilli and others, conspired to traffick a controlled drug, namely 3,4-methylenedioxymethamphetamine (MDMA) in a commercial quantity. Second, that between 24 January 2008 and 8 August 2008 in Melbourne, you, Pasquale Barbaro, trafficked a substance, being a controlled drug, namely 3-4,methylenedioxymethamphetamine (MDMA) in a commercial quantity. The third charge is that between 24 July 2008 and 8 August 2008 at Melbourne, you attempted to possess an unlawfully imported substance, being cocaine, in a commercial quantity. Each of the three offences to which you have pleaded guilty carries a maximum penalty of life imprisonment.

Further, you have asked for three offences to be taken into account, pursuant to section 16BA of the Crimes Act 1916, they are listed as items within the document. Item 1 being that at Melbourne between 14 May 2008 and 8 August 2008, you conspired with Anil Suri and others to import a border controlled precursor, namely pseudoephedrine in a commercial quantity, which has a maximum penalty of 25 years’ imprisonment or 5,000 penalty units; item 2, that between 22 February 2008 and 8 August 2008 at Melbourne, you did deal with money of a value of $1 million or more which was proceeds of crime, the maximum penalty for which is 25 years’ imprisonment or 1500 penalty units; and item 3, that you, at Melbourne between 22 July 2008 and 8 August 2008, did receive, possess and dispose of money reasonably suspected to be the proceeds of crime in relation to a State or Commonwealth indictable offence, which offence carries a maximum penalty of two years’ imprisonment or 50 penalty units.

You Saverio Zirilli, have pleaded guilty to three offences, being charge…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading DPP (Cth) v Barbaro

Details

AGLC: DPP (Cth) v Barbaro [2012] VSC 47
Case: [2012] VSC 47
Decision Date: 23 February 2012

CaseChat Overview and Summary

The case involved the Director of Public Prosecutions (Commonwealth) and Barbaro, where Barbaro faced charges related to drug trafficking and conspiracy. The court heard allegations of Barbaro's involvement in a sophisticated drug trafficking operation, including trafficking large quantities of MDMA and attempting to possess a significant amount of cocaine. The case was heard in a court of appropriate jurisdiction, where Barbaro pleaded guilty to the charges. The legal issues before the court included the appropriate sentencing for Barbaro, given the severity and scale of his criminal activities.

The court had to determine the appropriate sentences for Barbaro and his associate, Zirrilli, considering the nature and extent of their criminal activities. The court considered factors such as the scale of the drug trafficking operation, Barbaro's role within the organization, and the potential impact of their crimes on the community. The court also had to assess the principles of justice, deterrence, and rehabilitation in imposing sentences. The court found that the offences warranted severe penalties due to the high level of offending, the organized nature of the crime, and the significant quantities of drugs involved.

In delivering its judgment, the court emphasised the seriousness of the offences and Barbaro's central role in the drug trafficking organisation. The court noted that Barbaro's actions demonstrated greed, professionalism, and a significant profit motive. The court imposed a life sentence on Barbaro, with a minimum non-parole period of 30 years, reflecting the gravity of his crimes. Zirrilli was sentenced to 26 years imprisonment, with a minimum non-parole period of 18 years, recognising his significant involvement but lesser role compared to Barbaro. The sentences were intended to provide a strong deterrent and to protect the community from the dangers posed by such criminal activities.

Orders