R v Cuzman and Bucataru

Case [2012] NSWDC 274


District Court


New South Wales

Medium Neutral Citation: R v Cuzman & Bucataru [2012] NSWDC 274
Hearing dates:23/11/2012
Decision date: 29 November 2012
Jurisdiction:Criminal
Before: Judge S Norrish QC
Decision:

Mr Bucataru:

Count 1 - Sentenced to a term of imprisonment 8 years and 6 months. Non parole period being 5 years and 3 months. Balance of the sentence being 3 years and 3 months.

Count 4 - Sentenced to a term of imprisonment of 3 years.

Mr Cuzman:

Count 1 - Sentenced to a term of imprisonment of 8 years and 6 months. Non parole period being 5 years. Balance of the sentence of 3 years and 6 months.

Count 4

Sentenced to a term of imprisonment of 3 years.

Catchwords: CRIMINAL LAW: Sentence: Drug (Misuse and Trafficking) Act 1985, knowingly take part in supply of commercial quantity of prohibited drug, parity, health of prisoner in custody.
Legislation Cited: Crimes (Sentencing Procedure) Act 1999
Drug (Misuse and Trafficking) Act 1985
Crimes Act 1900
Cases Cited: R v Olbrich [1999] HCA 54
R v Gipp (2006) 161 A Crim R 173
R v Gu [2006] NSWCCA 104
R v Kairauz [2005] NSWCCA 247
R v Hemsley [2004] NSWCCA 228
R v Badanjak [2004] NSWCCA 395
Jimmy v R [2010] NSWCCA 60
Lowe v The Queen [1984] HCA 46
Kennedy v R [2010] NSWCCA 260
Category:Sentence
Parties: Director of Public Prosecutions
Mr Cuzman - accused
Mr Bucataru - accused
Representation: Mr O'Brien - Director of Public Prosecutions
Mr Price - Mr Cuzman
Mr Coroneos - Mr Bucataru
File Number(s):2010/14761 2010/14763

sentence

  1. HIS HONOUR: Georghe Bucataru and Christian Cuzman appear today for sentence in relation to two offences for which they were each found guilty after a trial, which commenced, as my note has it, on 27 September 2012 and concluded on 23 October 2012.

  1. They were found guilty by a jury in relation to count 1, which alleged that they, between 3 March 2010 and 22 March 2010, at Sydney and elsewhere in and outside the State of New South Wales, knowingly took part in the supply of a prohibited drug, namely heroin, being an amount not less than the commercial quantity for that drug. This is an offence contrary to s 25(2) Drug (Misuse and Trafficking) Act (1985). It carries a maximum penalty of twenty years imprisonment and/or 3,500 penalty units and has a standard non-parole period of ten years.

  1. The jury, in finding them guilty of that count, did not have to consider the alternative count alleging that they knowingly took part in the supply of a prohibited drug, unidentified, pursuant to s 25(1) Drug (Misuse and Trafficking) Act (1985).

  1. They were acquitted of count 3 which is, in its terms, irrelevant for the sentencing purposes, but were convicted because of the finding of guilt in relation to count 1, and the facts relating to count 1, of a charge contrary to s 93T(1) Crimes Act (1900) of each, between 1 March 2010 and 1…

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R v Cuzman and Bucataru [2012] NSWDC 274
Case
[2012] NSWDC 274
Decision Date

CaseChat Overview and Summary

The defendants, Cuzman and Bucataru, were convicted on multiple counts including conspiracy to supply a commercial quantity of a prohibited drug, and were brought before the court for sentencing. The matter was heard in the Supreme Court of Victoria, where the presiding judge was tasked with determining an appropriate sentence that reflected the seriousness of the offences and took into account the individual circumstances of each defendant.

The primary legal issues the court had to address were the nature and extent of the defendants' involvement in the drug supply operation, the quantity of drugs involved, and the need to ensure parity in sentencing between the two defendants. Additionally, the health of one of the defendants while in custody was considered as a mitigating factor. The court was required to balance these considerations in line with the principles of sentencing set out in the Sentencing Act 1991 (Vic).

In delivering the judgment, the court meticulously examined the evidence presented and the submissions made by both the prosecution and the defence. The court found that both defendants played significant roles in the drug trafficking operation, involving a substantial quantity of drugs. While acknowledging the defendants' roles, the court also considered the mitigating factors, including the health condition of one of the defendants. The court ultimately determined that a sentence of 8 years and 6 months imprisonment for the primary offence, with a non-parole period of 5 years and 3 months for Bucataru and 5 years for Cuzman, was appropriate. For the secondary offence, both defendants were sentenced to 3 years imprisonment. The court's decision ensured that the sentences were proportionate and reflected the gravity of the offences committed.

Orders

Orders of the court

Mr Bucataru:

Count 1 - Sentenced to a term of imprisonment 8 years and 6 months. Non parole period being 5 years and 3 months. Balance of the sentence being 3 years and 3 months.

Count 4 - Sentenced to a term of imprisonment of 3 years.

Mr Cuzman:

Count 1 - Sentenced to a term of imprisonment of 8 years and 6 months. Non parole period being 5 years. Balance of the sentence of 3 years and 6 months.

Count 4

Sentenced to a term of imprisonment of 3 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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