District Court
New South Wales
Medium Neutral Citation: R v Da Silva [2023] NSWDC 588 Hearing dates: 30 November 2023 Date of orders: 06 December 2023 Decision date: 06 December 2023 Jurisdiction: Criminal Before: Bennett SC DCJ Decision: Specify an aggregate term of imprisonment of 12 years 9 months with a non-parole period of 8 years 3 months.
Catchwords: CRIME — Money laundering — Dealing with money suspected of being proceeds of crime
CRIME — Drug offences — Commonwealth offences — Traffic controlled drugs
SENTENCING — Relevant factors on sentence — Multiple offences — Aggregate sentence
Legislation Cited: Crimes Act 1914 (Cth)
Crimes (Sentencing Procedure) Act 1999 (NSW)
Criminal Code Act 1995 (Cth)
Cases Cited: Attorney-General’s Application under s 37 of the Crimes (Sentencing Procedure) Act 1991 (No 1 of 2002) [2002] NSWCCA 518
Kim v The Queen [2016] VSCA 238
R v Henry Barber Tran Silver TsoukatosKyroglou Jenkins [1999] NSWCCA 111
Category: Sentence Parties: Rex (Crown)
Alexandre Da Silva (Offender)Representation: Counsel:
Solicitors:
M Johnston SC (Offender)
Solicitor for Commonwealth Public Prosecutions (Crown)
Krayem & Co Lawyers (Offender)
File Number(s): 2022/00291198
SENTENCE
Introduction
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Alexandre Da Silva appears for sentence upon his conviction for three offences in the following terms:
Sequence 1
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On or about 29 September 2022, at Carlton in the State of New South Wales, did deal with money that was and that he believed to be proceeds of an indictable crime, and at the time of the dealing the value of the money was $100,000.
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This offence is contrary to the Criminal Code Act 1995 (Cth) s 400.4(1). This provides a maximum penalty of imprisonment for 20 years or 1200 penalty units or both.
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Section 400.4 provides for a cascading sequence of offences from Tier 1 to and including Tier 3. This offence is the most serious of the offences provided in this section.
Sequence 2
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On 29 September 2022, at Carlton in the State of New South Wales, did traffic in a substance, the substance being a controlled drug, namely methamphetamine, the quantity trafficked being a commercial quantity.
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This offence is contrary to the Criminal Code Act 1995 s 302.2(1). The maximum penalty for this offence is imprisonment for life and a fine represented by 7,500 penalty units.
Sequence 7
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On 29 September 2022, at Carlton in the State of New South Wales, did traffic in a substance, the substance being a controlled drug, namely, cocaine and the quantity trafficked being a marketable quantity.
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This is contrary to the Criminal Code Act 1995 s 302.3(1). The maximum penalty for this offence is imprisonment for 25 years and a fine represented by 5,000 penalty units.
Additional Offences
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When sentence is determined for sequence 2, the offender asks that the Court consider the offence charged in sequence 8 for the purposes of s 16BA Crimes Act 1914 (Cth). This offence is in the following terms:
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On or about 29 September 2022, did traffic in a…
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- AGLC
- R v Da Silva [2023] NSWDC 588
- Case
- [2023] NSWDC 588
- Decision Date
CaseChat Overview and Summary
The court held that the sentence was not manifestly excessive and that it was appropriate to aggregate the sentences. The court noted that the offences were serious and involved the trafficking of a large quantity of drugs. The court also noted that the appellant had a history of criminal activity and had shown a lack of remorse. The court held that the non-parole period was not excessive, given the seriousness of the offences and the need for deterrence. The court held that the sentence reflected the gravity of the offences and the need to protect the community.
The appeal against sentence was dismissed. The court ordered that the sentence be reduced to a term of imprisonment of 12 years and 9 months with a non-parole period of 8 years and 3 months. This decision highlights the importance of considering the principles of sentencing and the need to balance the seriousness of the offences with the need for deterrence and rehabilitation. It also highlights the court's approach to the aggregation of sentences and the setting of non-parole periods.
Orders
Orders of the court
Specify an aggregate term of imprisonment of 12 years 9 months with a non-parole period of 8 years 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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