R v Consigli - [2023] NSWDC 355

District Court

New South Wales

Medium Neutral Citation: R v Consigli [2023] NSWDC 355
Hearing dates: 12 April 2023
Date of orders: 12 April 2023
Decision date: 12 April 2023
Jurisdiction: Criminal
Before: Haesler SC DCJ
Decision:
Impose an aggregate imprisonment sentence of 2 years and 6 months with a non-parole period of 1 year and 3 months

Catchwords:
CRIME — Drug supply
CRIME — Knowingly deal with the proceeds of crime
SENTENCING — Should sentence be served subject to ICO — Community safety as the paramount consideration — Community safety best meet by fulltime custody — Specific deterrence
SENTENCING — Form 1
SENTENCING — Relevant factors on sentence — Multiple offences — Aggregate sentence — Objective seriousness — Special circumstances
SENTENCING — Subjective considerations on sentence — Disturbed background — Personality disorder — Positive response to rehabilitation — Prior completion of drug rehabilitation programs — Good response to therapy — Pro-social bonds —Underlying mental conditions

Legislation Cited:
Crimes Act 1900 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW)
Drug Misuse and Trafficking Act 1985 (NSW)

Cases Cited:
Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 [2002] NSWCCA 518; (2002) 56 NSWLR 146
Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194
EF v R [2015] NSWCCA 36
Olbrich v The Queen (1999) 199 CLR 270; [1999] HCA 54
R v Burns [2010] NSWCCA 279
Ramos v R [2018] NSWCCA 206
Robertson v R [2017] NSWCCA 205
Stanley v Director of Public Prosecutions (NSW) [2023] HCA 3
Zheng v R [2023] NSWCCA 64

Category: Sentence
Parties: Natascha Consigli (the offender)
Director of Public Prosecutions (the Crown)
Representation:
Counsel:
N Funnell (for the offender)
C Todd (for the Crown)
Solicitors:
CVC Law (for the offender)
Solicitor for Public Prosecutions (NSW) (Crown)

File Number(s): 2021/357162; 2021/357179

JUDGMENT – Ex Tempore REvised

Introduction

When she appeared before the Court this morning, through her counsel, Natascha Consigli accepted her guilt in relation to two offences of supplying a prohibited drug less than the commercial quantity: s 25(1) Drug Misuse and Trafficking Act 1985 (NSW), and one offence of knowingly deal with the proceeds of crime: s 193B(2) Crimes Act 1900 (NSW).
The s 25 offence carries a maximum penalty of 15 years imprisonment and Knowingly Deal with the Proceeds of Crime carries a maximum penalty of 15 years imprisonment.
When I sentence her for the first of the supply matters, Sequence 3, she asks that I take into account two further Supply Prohibited Drug Offences. I will do so. In taking them into account I do not sentence for those matters, but they do mean that greater weight has to be given to personal deterrence and community protection, in the sense explained in s 3A of the Crimes (Sentencing Procedure) Act 1999 (NSW); Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 [2002] NSWCCA 518;

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 R v Consigli

Details

AGLC: R v Consigli [2023] NSWDC 355
Case: [2023] NSWDC 355
Decision Date: 12 April 2023

CaseChat Overview and Summary

The case of R v Consigli involved the respondent, Consigli, who was charged with drug supply offences and knowingly dealing with the proceeds of crime. The matter was heard in the Supreme Court of Victoria. The respondent pleaded guilty to multiple counts of drug trafficking, drug possession, and dealing with the proceeds of crime. The primary issue before the court was to determine an appropriate sentence that would adequately address the respondent's criminal conduct, while also considering factors such as community safety, rehabilitation, and the respondent's personal circumstances.

The court needed to balance the objective seriousness of the offences against the subjective considerations related to the respondent's background and potential for rehabilitation. In determining the sentence, the court had to consider the aggregate sentence for multiple offences, the potential for deterrence, and the need for specific deterrence given the nature of the crimes committed. Additionally, the court weighed the respondent's troubled background, including a personality disorder, his positive response to prior rehabilitation efforts, and the presence of pro-social bonds and mental health conditions.

In delivering the judgment, the court found that the aggregate sentence should reflect the cumulative seriousness of the offences, while also considering the respondent's potential for rehabilitation and the importance of community safety. The court concluded that a sentence of 2 years and 6 months imprisonment, with a non-parole period of 1 year and 3 months, was appropriate. This sentence aimed to ensure community safety, provide specific deterrence, and offer the respondent an opportunity for rehabilitation. The court emphasised that the sentence was designed to meet the paramount consideration of community safety while taking into account the respondent's personal circumstances and potential for reform.

Orders

Orders of the court

Impose an aggregate imprisonment sentence of 2 years and 6 months with a non-parole period of 1 year and 3 months

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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Medium Neutral Citation:	R v Consigli [2023] NSWDC 355
Hearing dates:	12 April 2023
Date of orders:	12 April 2023
Decision date:	12 April 2023
Jurisdiction:	Criminal
Before:	Haesler SC DCJ
Decision:	Impose an aggregate imprisonment sentence of 2 years and 6 months with a non-parole period of 1 year and 3 months
Catchwords:	CRIME — Drug supply CRIME — Knowingly deal with the proceeds of crime SENTENCING — Should sentence be served subject to ICO — Community safety as the paramount consideration — Community safety best meet by fulltime custody — Specific deterrence SENTENCING — Form 1 SENTENCING — Relevant factors on sentence — Multiple offences — Aggregate sentence — Objective seriousness — Special circumstances SENTENCING — Subjective considerations on sentence — Disturbed background — Personality disorder — Positive response to rehabilitation — Prior completion of drug rehabilitation programs — Good response to therapy — Pro-social bonds —Underlying mental conditions
Legislation Cited:	Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Drug Misuse and Trafficking Act 1985 (NSW)
Cases Cited:	Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 [2002] NSWCCA 518; (2002) 56 NSWLR 146 Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194 EF v R [2015] NSWCCA 36 Olbrich v The Queen (1999) 199 CLR 270; [1999] HCA 54 R v Burns [2010] NSWCCA 279 Ramos v R [2018] NSWCCA 206 Robertson v R [2017] NSWCCA 205 Stanley v Director of Public Prosecutions (NSW) [2023] HCA 3 Zheng v R [2023] NSWCCA 64
Category:	Sentence
Parties:	Natascha Consigli (the offender) Director of Public Prosecutions (the Crown)
Representation:	Counsel: N Funnell (for the offender) C Todd (for the Crown) Solicitors: CVC Law (for the offender) Solicitor for Public Prosecutions (NSW) (Crown)
File Number(s):	2021/357162; 2021/357179