District Court
New South Wales
- Amendment notes
Medium Neutral Citation: R v Amoroso [2021] NSWDC 393 Hearing dates: 12 August 2021 Date of orders: 12 August 2021 Decision date: 12 August 2021 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Aggregate sentence of 3 years 3 months with a non- parole period of 2 years.
Catchwords: CRIME - Ongoing supply of a prohibited drugs methylamphetamine and gammabutyrolacton– Supply commercial quantity of a prohibited drug gammabutyrolacton
CRIMINAL PROCEDURE – committal for sentence - fresh indictment to correct errors in committal for sentence process
SENTENCING - Relevant factors on sentence - drug user - COVID related drug price increase - regular drug user - sale of drugs - number of supplies - small quantity supplied on each occasion - limited profit - early guilty pleas
Legislation Cited: Cases Cited: Attorney General’s Application No. 1: (2002) 56 NSWLR 146
Cahyadi v Regina [2007] NSWCCA 1
Crimes (Administration of Sentences) Act 1999
DPP (Cth) v Maxwell [2013] VSCA 50.
Hili v The Queen (2010) 242 CLR 520
Markarian (2005) 228 CLR 357
Mill v The Queen (1988) 166 CLR 59
Muldrock v The Queen (2011) 244 CLR 120
R v O'Connor [2014] NSWCCA 53: (2014) 239 A Crim R 487
Texts Cited: NSW Bar Association Discussion Paper - Drug Law Reform 24 11.2014
UN Office on Drugs and Crime, World Drug Report 2009
Parole Supervision and Re-offending: Wai-Yin Wan, Suzanne Poynton, Gerard van Doorn and Don Weatherburn (2016) Australian & New Zealand Journal of Criminology v149. No.4. p 497
Category: Sentence Parties: Jason Amoroso (the offender)
Director of Public ProsecutionsRepresentation: Counsel:
Solicitors:
Ms L Jardim (for the offender)
Legal Aid NSW (for the offender)
Mr L McGonigal (for Director of Public Prosecutions)
File Number(s): 2020/00229190
sentence
Introduction
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An Indictment was presented today against Jason Amoroso. He said he was guilty of three offences. Two involved the ongoing supply of the prohibited drugs – methylamphetamine and gammabutyrolacton (GBL) for financial or material reward: s25A Drug Misuse and Trafficking Act 1985. These ongoing supply offences occurred between 23 April 2020 and 21 June 2020. The third offence - knowingly take part in the supply of a commercial quantity of the prohibited drug – GBL, occurred between 15 and 18 July 2020: s25(2) Drug Misuse and Trafficking Act 1985.
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There is a further s 25A matter to be taken into account on Criminal Procedure Act 1986 Form 1. This ongoing supply offence occurred between 22 June 2020 and 19 July 2020.
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Amoroso had been committed for sentence from the Local Court. The Indictment…
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- AGLC
- R v Amoroso [2021] NSWDC 393
- Case
- [2021] NSWDC 393
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included assessing the relevance of the defendant's drug use and the COVID-19 impact on drug prices as mitigating factors in sentencing. Additionally, the court needed to weigh the commercial quantity of the drugs supplied against the small quantities supplied on each occasion and the defendant's early guilty plea. The court was tasked with determining a sentence that appropriately reflected the seriousness of the offence while considering these mitigating factors.
The court found that, despite the mitigating factors, the defendant's actions constituted a significant supply of a prohibited drug. The court acknowledged the defendant's early guilty plea and limited profit but ultimately determined that a substantial sentence was necessary to reflect the gravity of the offence. The court imposed an aggregate sentence of three years and three months, with a non-parole period of two years, balancing the seriousness of the crime with the mitigating factors presented.
The final orders of the court included an aggregate sentence of three years and three months, with a non-parole period of two years. This decision reflects the court's consideration of the mitigating factors while maintaining a strong deterrent effect for the supply of prohibited drugs.
Orders
Orders of the court
Aggregate sentence of 3 years 3 months with a non- parole period of 2 years.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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